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In the Matter of Town of Henderson Town Board v. Town of Hounsfield Planning Board

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


January 31, 2012

IN THE MATTER OF TOWN OF HENDERSON TOWN BOARD,
PETITIONER-APPELLANT,
v.
TOWN OF HOUNSFIELD PLANNING BOARD, UPSTATE NY POWER CORP., AND NEW
YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated decision judgment and order) of the Supreme Court, Jefferson County, (Joseph D. McGuire, J.), entered August 18, 2010 in a proceeding pursuant to CPLR article 78.

Matter of Matter of Town of Henderson Town Bd. v Town of Hounsfield Planning Bd., Upstate NY Power Corp.

Decided on January 31, 2012

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND GORSKI, JJ.

The judgment, inter alia, dismissed the amended petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: January 31, 2012

Frances E. Cafarell Clerk of the Court

20120131

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