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MATTER OF SMITH v. TOWN OF PLATTEKILL

13 A.D.3d 695 (2004)

787 N.Y.S.2d 406

In the Matter of VALERIE SMITH, Individually and on Behalf of CONCERNED PLATTEKILL RESIDENTS, Appellant, v. TOWN OF PLATTEKILL et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 2, 2004.

Rose, J.

The facts underlying this proceeding/action are set forth in our decision in a prior appeal (274 A.D.2d 900 [2000]). To briefly reiterate, petitioner, individually as a landowner and on behalf of a concerned residents group, commenced this proceeding/action alleging that in March 1995, respondent Zoning Board of Appeals of the Town of Plattekill (hereinafter the ZBA) had acted arbitrarily, capriciously and contrary to law...

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