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MATTER OF ROUTE 17K REAL ESTATE, LLC v. PLANNING BD. OF THE TOWN OF NEWBURGH

2018-01493, 2018-09573. Index No. 6796/17.

198 A.D.3d 969 (2021)

156 N.Y.S.3d 368

2021 NY Slip Op 05858

In the Matter of Route 17K Real Estate, LLC, et al., Appellants, v. Planning Board of the Town of Newburgh et al., Respondents.

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

Decided October 27, 2021.

Attorney(s) appearing for the Case

Law Offices of Charles T. Bazydlo, P.C., Thompson Ridge, NY, for appellants.

Drake Loeb PLLC, New Windsor, NY ( Stephen J. Gaba of counsel), for respondents Ram Hotels, Inc., and Newburgh Auto Park, LLC.

Dickover, Donnelly & Donovan, LLP, Goshen, NY ( Michael H. Donnelly of counsel), for respondent Planning Board of the Town of Newburgh.

Rivera, J.P., Miller, Genovesi and Ford, JJ., concur.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.

RAM Hotels, Inc. (hereinafter RAM), received approval from the Planning Board of the Town of Newburgh (hereinafter the Planning Board) for its plan to build a five-story hotel on the subject property by resolution...

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