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SHERWOOD RIDGE, LLC v. GREENVILLE

65 A.D.3d 580 (2009)

883 N.Y.S.2d 719

SHERWOOD RIDGE, LLC, et al., Appellants, v. TOWN OF GREENVILLE et al., Respondents.

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

Decided August 11, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Orange County, for the entry of a judgment declaring that the application of the plaintiff Sherwood Ridge, LLC, for site plan approval is not deemed approved by operation of the Zoning Law of the Town of Greenville.

The Supreme Court properly granted that branch of the defendants' cross motion which was for summary judgment with respect to the...

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