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MATTER OF EXETER BUILDING CORP. v. TOWN OF NEWBURGH

49 A.D.3d 731 (2008)

854 N.Y.S.2d 193

In the Matter of EXETER BUILDING CORP., Appellant-Respondent, v. TOWN OF NEWBURGH et al., Respondents-Appellants, and TOWN OF NEWBURGH PLANNING BOARD, Respondent.

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

Decided March 18, 2008.

Ordered that the appeal and cross appeal from the order are dismissed; and it is further,

Ordered that the judgment is reversed, on the law, without costs or disbursements, the order is vacated, that branch of the petition which was to annul Local Law No. 3 (2006) of Town of Newburgh for failure to comply with the State Environmental Quality Review Act is denied, that branch of the petition is dismissed on the merits, the determination is confirmed, the motion of...

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