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MATTER OF SCARSDALE SHOPPING CENTER ASSOCIATES, LLC v. BOARD OF APPEALS ON ZONING FOR THE CITY OF NEW ROCHELLE

64 A.D.3d 604 (2009)

882 N.Y.S.2d 308

In the Matter of SCARSDALE SHOPPING CENTER ASSOCIATES, LLC, Respondent, v. BOARD OF APPEALS ON ZONING FOR THE CITY OF NEW ROCHELLE, Appellant.

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

Decided July 7, 2009.

Ordered that the judgment is modified, on the law, by deleting the provision thereof remitting the matter to the Board of Appeals on Zoning for the City of Rochelle "with the direction that petitioner's proposed building is subject to Planning Board site plan review and approval without the necessity of an additional use variance" and substituting therefor a provision remitting the matter to the Board of Appeals on Zoning for the City of Rochelle for remittal, in turn, to...

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