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IN THE MATTER OF DOWD v. PLANNING BOARD OF VILLAGE OF MILLBROOK

54 A.D.3d 340 (2008)

861 N.Y.S.2d 594

In the Matter of TIMOTHY J. DOWD et al., Appellants, v. PLANNING BOARD OF VILLAGE OF MILLBROOK et al., Respondents.

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

August 5, 2008.

In a companion case, we dismissed, as academic, a related appeal from an order and judgment, inter alia, dismissing the petitioners' CPLR article 78 proceeding, which challenged preliminary subdivision approval of the subject project, in light of the petitioners' failure to timely do all that they could to safeguard their interests while the project was substantially completed (see Matter of Dowd v Planning Bd. of Vil. of Millbrook, 54 A.D.3d 339<...

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