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MATTER OF BOARD OF FIRE COMMISSIONERS OF THE FAIRVIEW FIRE DIST. v. TOWN OF POUGHKEEPSIE PLANNING BD.

2015-08863, 2015-11703. Index No. 515/15.

156 A.D.3d 624 (2017)

67 N.Y.S.3d 24

2017 NY Slip Op 08515

In the Matter of BOARD OF FIRE COMMISSIONERS OF THE FAIRVIEW FIRE DISTRICT, a District Corporation of the State of New York, Appellant, v. TOWN OF POUGHKEEPSIE PLANNING BOARD et al., Respondents.

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

Decided December 6, 2017.

Ordered that the order and judgment is affirmed insofar as appealed from; and it is further,

Ordered that the order is modified, on the facts and in the exercise of discretion, (1) by deleting the provisions thereof, upon reargument, in effect, vacating the original determination in the order and judgment denying those branches of the motion of Page Park Associates, LLC, and the separate motion of the Town of Poughkeepsie Planning Board, Town of Poughkeepsie Town...

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