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MATTER OF 31 COMMERCE STREET, LLC v. DARDEN

50 A.D.3d 910 (2008)

855 N.Y.S.2d 673

In the Matter of 31 COMMERCE STREET, LLC, Appellant, v. GEORGE O. DARDEN et al., Respondents.

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

Decided April 15, 2008.

Ordered that the judgment is affirmed, with costs.

After a public hearing, the Board of Trustees of the Village of Spring Valley (hereinafter the Board) denied the petitioner's application for a special use permit for the construction of a parking lot for the overnight storage of buses 40 feet in length. The petitioner commenced a CPLR article 78 proceeding, and by order dated February 15, 2006, the Supreme Court, Rockland County (Nelson, J.), remitted the matter...

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