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IN THE MATTER OF JAMIL v. VILLAGE OF SCARSDALE PLANNING BOARD

24 A.D.3d 552 (2005)

808 N.Y.S.2d 260

In the Matter of MARSHA JAMIL et al., Appellants, v. VILLAGE OF SCARSDALE PLANNING BOARD et al., Respondents.

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

December 12, 2005.

Ordered that the judgment is affirmed, with costs.

Realm, LLC (hereinafter Realm), is the owner of a parcel of real property, located primarily in the Village of Scarsdale, upon which it seeks to construct an assisted living facility for senior citizens. The portion of the property lying within the Village is situated within a residential zone in which a hospital or a nursing home may be constructed pursuant to a special use permit (see Scarsdale Village Code...

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