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MATTER OF WALLKILL CEMETERY ASSOCIATION, INC. v. TOWN OF WALLKILL PLANNING BOARD

2008-05859.

73 A.D.3d 1189 (2010)

905 N.Y.S.2d 609

In the Matter of WALLKILL CEMETERY ASSOCIATION, INC., et al., Appellants, v. TOWN OF WALLKILL PLANNING BOARD 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, with one bill of costs.

The petitioners/plaintiffs (hereinafter the petitioners) commenced this hybrid proceeding and action to challenge a findings statement adopted by the Planning Board of the Town of Wallkill on December 7, 2005, pursuant to the State Environmental Quality Review Act (ECL art 8; hereinafter SEQRA), which found that all negative impacts from a project proposed by E. Tetz and Sons, Inc. (hereinafter...

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