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MATTER OF ECOGEN WIND LLC v. TOWN OF ITALY TOWN BD.

287 CA 12-01011.

106 A.D.3d 1457 (2013)

964 N.Y.S.2d 438

2013 NY Slip Op 3201

In the Matter of ECOGEN WIND LLC et al., Respondents-Appellants, v. TOWN OF ITALY TOWN BOARD et al., Appellants-Respondents, et al., Respondents. FINGER LAKES PRESERVATION ASSOCIATION, Intervenor-Respondent.

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

Decided May 3, 2013.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: In this CPLR article 78 proceeding, respondents-appellants appeal and petitioners cross-appeal from an order entered February 24, 2012 that, inter alia, granted in part petitioners' application for a special use permit to construct and operate a wind energy facility in respondent Town of Italy, New York, and reserved decision on certain issues. Thereafter, Supreme...

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