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MATTER OF YORKTOWN SMART GROWTH v. TOWN OF YORKTOWN

2017-01971, 2017-02861. Index No. 1880/15.

168 A.D.3d 957 (2019)

92 N.Y.S.3d 344

2019 NY Slip Op 00447

In the Matter of Yorktown Smart Growth et al., Appellants, v. Town of Yorktown, et al., Respondents.

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

Decided January 23, 2019.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the respondents.

In 2015, the petitioners/plaintiffs commenced the instant hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Town Board of Yorktown to grant a special use permit to the respondent/defendant BJ's...

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