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MATTER OF SOUTHWEST OGDEN NEIGHBORHOOD ASSOCIATION v. TOWN OF OGDEN PLANNING BOARD

43 A.D.3d 1374 (2007)

844 N.Y.S.2d 530

In the Matter of SOUTHWEST OGDEN NEIGHBORHOOD ASSOCIATION et al., Appellants, et al., Petitioner, v. TOWN OF OGDEN PLANNING BOARD, Respondent. FERNE RICHARDSON et al., Nonparty Respondents.

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

Decided September 28, 2007.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by providing that the petition is dismissed without prejudice and as modified the judgment is affirmed without costs.

Memorandum:

Petitioners commenced this CPLR article 78 proceeding challenging the determination of respondent Town of Ogden Planning Board (Planning Board) that no environmental impact statement is required with respect to a residential...

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