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WALLKILL CEMETERY ASSOCIATION, INC. v. TOWN OF WALLKILL

2009-03925.

73 A.D.3d 1164 (2010)

903 N.Y.S.2d 743

WALLKILL CEMETERY ASSOCIATION, INC., et al., Appellants, v. TOWN OF WALLKILL et al., Respondents.

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

Decided May 25, 2010.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

The plaintiffs challenge determinations made by the Town of Wallkill Zoning Board of Appeals granting extensions of the terms of area variances it previously granted to E. Tetz and Sons, Inc., in connection with other approvals and permits necessary to the construction of an asphalt plant. We dismiss the appeal as academic for the reasons stated in our decision and order on a companion...

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