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MATTER OF ROSE WOODS, LLC v. WEISMAN

2010-02433.

85 A.D.3d 801 (2011)

924 N.Y.S.2d 574

2011 NY Slip Op 5076

In the Matter of ROSE WOODS, LLC, et al., Appellants, v. JOHN T. WEISMAN et al., Respondents.

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

Decided June 7, 2011.

Ordered that the judgment is affirmed, with costs.

On May 30, 2008, the petitioners submitted, to the Town of Poughkeepsie Planning Board (hereinafter the Planning Board), a final subdivision application for a four-lot residential development, which included individual sewer pumps on each lot. In a memorandum dated June 11, 2008, the Town of Poughkeepsie Sewer Department (hereinafter the Sewer Department) commented that individual pumps were not acceptable, and that...

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