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IN THE MATTER OF LODGE HOTEL, INC. v. TOWN OF ERWIN PLANNING BD.

CA 08-01815

2009 NY Slip Op 03572

IN THE MATTER OF LODGE HOTEL, INC., PETITIONER-RESPONDENT-APPELLANT, v. TOWN OF ERWIN PLANNING BOARD, RESPONDENT-APPELLANT-RESPONDENT.

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

Decided May 1, 2009.

Attorney(s) appearing for the Case

DAVIDSON & O'MARA, P.C., ELMIRA (PAMELA DOYLE GEE OF COUNSEL), FOR RESPONDENT-APPELLANT-RESPONDENT.

FIX SPINDELMAN BROVITZ & GOLDMAN, P.C., FAIRPORT (KARL S. ESSLER OF COUNSEL), FOR PETITIONER-RESPONDENT-APPELLANT.

PRESENT: MARTOCHE, J.P., SMITH, CENTRA, FAHEY, AND PINE, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Respondent appeals from a judgment granting the petition seeking to annul its determination denying petitioner's application for site plan approval for the construction of a Tractor Supply store in a B-2 Office/Commercial District and remitting the matter to respondent for approval of the site plan. We affirm. Contrary to the contention of respondent, the determination...

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