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MATTER OF BRUNNER v. TOWN OF SCHODACK PLANNING BOARD

528529.

178 A.D.3d 1181 (2019)

113 N.Y.S.3d 410

2019 NY Slip Op 08753

In the Matter of Adam Brunner, Individually and as Co-President of Birchwood Association, et al., Appellants, v. Town of Schodack Planning Board et al., Respondents.

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

Decided December 5, 2019.

Attorney(s) appearing for the Case

McNamee Lochner PC, Albany ( John J. Privitera of counsel), for appellants.

Girvin & Ferlazzo, PC, Albany ( Christopher P. Langlois of counsel), for Town of Schodack Planning Board, respondent.

Whiteman Osterman & Hanna LLP, Albany ( John J. Henry of counsel), for Scannell Properties #262, LLC, respondent.

Girvin & Ferlazzo, PC, Albany ( Christopher P. Langlois of counsel), for Town of Schodack Planning Board, respondent.

Whiteman Osterman & Hanna LLP, Albany ( John J. Henry of counsel), for Scannell Properties #262, LLC, respondent.

Garry, P.J., Egan Jr. and Mulvey, JJ., concur.

In 2018, respondent Scannell Properties #262, LLC submitted an application to respondent Town of Schodack Planning Board for site plan approval and a special permit in connection with a project involving the construction of a sales distribution center in the Town of Schodack, Rensselaer County. The project was designated a type I action...

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