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IN THE MATTER OF SMITH v. TOWN OF MENDON

4 A.D.3d 859 (2004)

771 N.Y.S.2d 781

In the Matter of PAUL SMITH et al., Appellants, v. TOWN OF MENDON et al., Respondents.

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

February 11, 2004.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioners-plaintiffs (petitioners) commenced this combined CPLR article 78 proceeding/declaratory judgment action pursuant to Town Law § 282 seeking review of the determination of respondent-defendant Planning Board of the Town of Mendon (Board) approving their site plan application...

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