MATTER OF O'MALLEY v. TOWN OF NEW WINDSOR PLANNING BD.

2020-05538, Index No. 9208/19.

2024 NY Slip Op 02537

IN THE MATTER OF JOHN O'MALLEY, ET AL., Petitioners-Respondents, v. TOWN OF NEW WINDSOR PLANNING BOARD, Respondent, TOLEMAN ROAD ASSOCIATES, LTD., ET AL., Respondents-Appellants; STEWART HILL, LLC, PROPOSED Intervenor-Appellant.

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

Decided May 8, 2024.


Attorney(s) appearing for the Case

Whiteman Osterman & Hanna LLP, Albany, NY ( Robert S. Rosborough IV and Hilda R. Marinello of counsel), for respondents-appellants and proposed intervenor-appellant.

Sussman and Associates, Goshen, NY ( Michael H. Sussman and Jonathan R. Goldman of counsel), for petitioners-respondents.

Before: Mark C. Dillon, J.P., Linda Christopher, Lara J. Genovesi, Barry E. Warhit, JJ.


DECISION & ORDER

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Town of New Windsor Planning Board dated November 13, 2019, which, after a hearing, granted conditional site plan approval for the development of an industrial park, Toleman Road Associates, Ltd., Rock Tavern Village, L.P., Henry Van Leeuwen, the estate of Lester A. Clark, and Stewart Hill, LLC, appeal from an order and judgment (one paper) of the Supreme...

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