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MATTER OF FAIRCHILD CORPORATION v. BOARDMAN

56 A.D.3d 778 (2008)

In the Matter of FAIRCHILD CORPORATION et al., Respondents, v. JOSEPH H. BOARDMAN, as Commissioner of the Department of Transportation of State of New York, Appellant.

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

November 25, 2008.

Ordered that the judgment is modified, on the law, by deleting the provision thereof directing the Department of Transportation of State of New York to issue a highway work permit to Fairchild Corporation and Stew Leonard's Farmingdale, LLC, subject to reasonable conditions in accordance with Highway Law § 52, and substituting therefor a provision remitting the matter to the Department of Transportation of State of New York for a new determination of the application...

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