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MATTER OF WHITE PLAINS RURAL CEMETERY ASSN. v. CITY OF WHITE PLAINS

2017-04482. Index No. 3003/16.

168 A.D.3d 1068 (2019)

93 N.Y.S.3d 103

2019 NY Slip Op 00606

In the Matter of White Plains Rural Cemetery Association, Respondent-Appellant, v. City of White Plains, Appellant-Respondent, et al., Respondents.

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

Decided January 30, 2019.

Ordered that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

In March 2016, the White Plains Rural Cemetery Association, a nonprofit public cemetery (hereinafter the Cemetery), applied to the Zoning Board of Appeals of the City of White Plains (hereinafter the Board) seeking an interpretation that a crematory the Cemetery proposed to construct on premises the Cemetery uses as a cemetery is a permitted use under...

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