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MATTER OF DAWLEY v. WHITETAIL 414, LLC

836 CA 15-00089

130 A.D.3d 1570 (2015)

14 N.Y.S.3d 854

2015 NY Slip Op 06082

In the Matter of DESIREE DAWLEY et al., Appellants, v. WHITETAIL 414, LLC, et al., Respondents.

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

Decided July 10, 2015.

It is hereby ordered that the judgment so appealed from is reversed on the law without costs, and the petition is granted.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking, inter alia, to annul the negative declaration issued by respondent Town of Tyre Town Board (Town Board) on June 12, 2014 under the State Environmental Quality Review Act ([SEQRA] ECL art 8) with respect to the proposed construction of the Lago Resort and Casino. Respondents...

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