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MATTER OF HOME DEPOT U.S.A., INC. v. TOWN BD. OF THE TOWN OF SOUTHEAST

70 A.D.3d 824 (2010)

895 N.Y.S.2d 142

In the Matter of HOME DEPOT U.S.A., INC., et al., Respondents, v. TOWN BOARD OF THE TOWN OF SOUTHEAST et al., Appellants.

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

Decided February 9, 2010.

Ordered that the order and judgment is modified, on the law, by deleting the provision thereof denying that branch of the motion of the Town Board of the Town of Southeast, the Town of Southeast, and Independent Sewage Works, Inc., which was to dismiss so much of the consolidated proceeding as sought to compel the Town Board of the Town of Southeast and the Town of Southeast to consider the issues raised in the petitioners' administrative complaint to those entities, and...

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