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Hart v. Town of Guilderland 2021 WL 2828551 AppDiv, Third Dept. (Opinion by Pritzker, J.)
In neighbors' combined article 78 proceeding and declaratory judgment action to annul the town planning board's grant of subdivision and site plan approval, the town and the developers appealed from Supreme Court's grant of the petition. The Appellate Division reversed and dismissed the petition, holding that the planning board had taken the requisite hard look at environmental issues.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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