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MATTER OF STENGEL v. TOWN OF POUGHKEEPSIE PLANNING BD.

2017-08367. Index No. 103/16.

167 A.D.3d 752 (2018)

89 N.Y.S.3d 287

2018 NY Slip Op 08488

In the Matter of Roy A. Stengel et al., Appellants, v. Town of Poughkeepsie Planning Board et al., Respondents.

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

Decided December 12, 2018.

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The petitioners, the residential neighbors of a proposed motor vehicle service facility (hereinafter the facility), oppose its construction. The facility will consist of a 3,400 square-foot convenience store and gas station within close proximity to their homes. The respondent Malabar Realty, LLC (hereinafter Malabar Realty), is the owner...

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