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MATTER OF CHESTNUT PETROLEUM DIST., INC. v. TOWN OF MOUNT PLEASANT PLANNING BD.

2019-12722 Index No. 66457/18.

222 A.D.3d 748 (2023)

201 N.Y.S.3d 475

2023 NY Slip Op 06365

In the Matter of Chestnut Petroleum Dist., Inc., Appellant, v. Town of Mount Pleasant Planning Board, Respondent.

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

Decided December 13, 2023.

Attorney(s) appearing for the Case

Harfenist Kraut & Perlstein LLP, Purchase, NY ( Neil Torczyner of counsel), for appellant.

Harris Beach , White Plains, NY ( Darius P. Chafizadeh , Doreen Klein , and Brian Ginsberg of counsel), for respondent.

Iannacci, J.P., Genovesi, Voutsinas and Taylor, JJ., concur.

In a proceeding pursuant to CPLR article 78 to review a determination of the Town of Mount Pleasant Planning Board dated September 6, 2018, which denied the petitioner's application for a special use permit and site plan approval, the petitioner appeals from a judgment of the Supreme Court, Westchester County (David S. Zuckerman, J.), dated September 30, 2019. The judgment denied the petition and dismissed the proceeding.

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