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MATTER OF PULTE HOMES OF N.Y., LLC v. PLANNING BD. OF TOWN OF CARMEL

2014-10660, Index No. 2471/13.

136 A.D.3d 643 (2016)

24 N.Y.S.3d 409

2016 NY Slip Op 00664

In the Matter of PULTE HOMES OF NEW YORK, LLC, Appellant, v. PLANNING BOARD OF TOWN OF CARMEL, Respondent.

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

Decided February 3, 2016.

In a proceeding pursuant to CPLR article 78 to review so much of two determinations of the Planning Board of the Town of Carmel dated September 25, 2013, as, in effect, directed the petitioner to pay a recreation fee as a condition of site plan approvals for a senior citizen housing development, the petitioner appeals from an order of the Supreme Court, Putnam County (Grossman, J.), dated September 4, 2014, which denied its motion, in effect, pursuant to CPLR 5019 (a) to...

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