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MATTER OF 92 MM MOTEL, INC. v. ZONING BOARD OF APPEALS OF TOWN OF NEWBURGH

2010-11588.

90 A.D.3d 663 (2011)

933 N.Y.S.2d 881

2011 NY Slip Op 8945

In the Matter of 92 MM MOTEL, INC., et al., Appellants, v. ZONING BOARD OF APPEALS OF TOWN OF NEWBURGH et al., Respondents.

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

Decided December 6, 2011.

Ordered that the order and judgment is affirmed, with costs.

The respondent NOWAB Hotel, Inc. (hereinafter NOWAB), is the owner of a hotel situated on approximately 12 acres of land at 90 Route 17K in the Town of Newburgh. NOWAB applied for area variances in relation to its proposed construction of another hotel on a lot to be subdivided from the property. At a meeting held on May 27, 2010, the Zoning Board of Appeals of the Town of Newburgh (hereinafter the ZBA)...

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