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O'Malley v. Town of Windsor Planning Board 2024 WL 2035463 AppDiv, Second Dept. (memorandum opinion)
In neighbors' article 78 proceeding challenging a planning board's grant of conditional site plan approval, developers appealed from Supreme Court's grant of the petition. The Appellate Division modified to deny the petition and dismiss the proceeding, holding that the neighbors had failed to exhaust administrative remedies.
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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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