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MATTER OF CPD NY ENERGY CORP. v. TOWN OF POUGHKEEPSIE PLANNING BD.

2014-03432, Index Nos. 3529/13, 6622/13.

139 A.D.3d 942 (2016)

32 N.Y.S.3d 275

2016 NY Slip Op 03877

In the Matter of CPD NY ENERGY CORP. et al., Appellants, v. TOWN OF POUGHKEEPSIE PLANNING BOARD et al., Respondents, et al., Respondent.

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

Decided May 18, 2016.

Ordered that the judgment is affirmed, with one bill of costs payable to the respondents Town of Poughkeepsie Planning Board and Town of Poughkeepsie Zoning Board of Appeals and the respondent R&D Hotel, LLC, appearing separately and filing separate briefs.

The petitioners lease and operate a gas station and convenience store on certain property (hereinafter the petitioners' property) which is adjacent to property owned by the respondent R&D Hotel, LLC (hereinafter...

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