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MATTER OF EMPIRE IMPORT-EXPORT OF USA, INC. v. TOWN OF E. HAMPTON PLANNING BD.

2018-01492. Index No. 2008/16.

186 A.D.3d 1364 (2020)

128 N.Y.S.3d 874

2020 NY Slip Op 04941

In the Matter of Empire Import-Export of USA, Inc., Appellant, v. Town of East Hampton Planning Board, Respondent.

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

Decided September 16, 2020.

Ordered that the judgment is affirmed, with costs.

The petitioner contends that the determination of the respondent, Town of East Hampton Planning Board (hereinafter the Planning Board), to deny the petitioner's application for site plan approval for the installation of a canopy at a gas station in the hamlet of Montauk was not supported by substantial evidence. However, the Planning Board's determination was made after informational public hearings, as opposed to...

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