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MATTER OF ELWYN v. PLANNING BOARD OF VILLAGE OF IRVINGTON

63 A.D.3d 927 (2009)

881 N.Y.S.2d 166

In the Matter of JONATHAN ELWYN et al., Appellants, v. PLANNING BOARD OF VILLAGE OF IRVINGTON et al., Respondents.

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

Decided June 16, 2009.

Ordered that the judgment is affirmed, with one bill of costs.

Contrary to the petitioners' contention, the Planning Board of the Village of Irvington (hereinafter the Planning Board) identified the relevant areas of environmental concern, specifically, the presence of elevated levels of nickel and zinc in the soil, took a hard look at that issue, and made a "reasoned elaboration" (Akpan v Koch, 75 N.Y.2d 561, 570 [1990]...

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