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MATTER OF SCI FUNERAL SERVICES OF NEW YORK, INC. v. PLANNING BOARD OF THE TOWN OF BABYLON

277 A.D.2d 319 (2000)

715 N.Y.S.2d 744

In the Matter of SCI FUNERAL SERVICES OF NEW YORK, INC., Respondent, v. PLANNING BOARD OF THE TOWN OF BABYLON, Respondent-Appellant. PINELAWN MEMORIAL CEMETERY, Intervenor Respondent-Appellant.

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

Decided November 13, 2000.

Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs.

Contrary to the appellants' contentions, the Supreme Court correctly annulled the denial by the appellant Planning Board of the Town of Babylon (hereinafter the Planning Board) of the petitioner's site plan application. The record contains overwhelming evidence, including two traffic studies which, consistent with the Planning Board's prior negative declaration under Environmental...

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