Apache Associates v. Planning Board

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Planning Board of the Village of Nyack dated August 5, 1985, which denied the petitioner’s application for approval of an amended site plan, the petitioner appeals from a judgment of the Supreme Court, Rock-land County (Buell, J.), dated October 4, 1985, which dismissed the proceeding.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, the determination dated August 5, 1985, is annulled, and the respondent is directed to grant the application…