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MATTER OF FALCO REALTY, INC. v. TOWN OF POUGHKEEPSIE ZONING BOARD OF APPEALS

40 A.D.3d 635 (2007)

835 N.Y.S.2d 398

In the Matter of FALCO REALTY, INC., Appellant, v. TOWN OF POUGHKEEPSIE ZONING BOARD OF APPEALS et al., Respondents.

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

Decided May 1, 2007.

Ordered that the judgment is affirmed, with costs.

In January 2004 David Dyal applied to the Planning Board of the Town of Poughkeepsie (hereinafter the Planning Board) for site plan and subdivision approval in connection with his plans to build a construction and demolition debris processing facility in the Town. On February 24, 2005 Dyal applied to the Town of Poughkeepsie Zoning Board of Appeals (hereinafter the ZBA)...

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