Legal Opinion

Constantino v. Moline

Appellate Division of the Supreme Court of the State of New York

Decided February 11, 2004PublishedCited by 3 opinions

1Opinion of the Court

*821Appeal from a judgment of the Supreme Court, Erie County (John F. O’Donnell, J.), entered April 8, 2003 in a proceeding pursuant to CPLR article 78. The judgment granted the petition and directed respondents to issue a special use permit to petitioners.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding to annul the determination of the Town Board of the Town of Tonawanda (Town Board) denying their application for a special use permit to construct three multiple…

2Cases cited3 opinions

  1. Retail Property Trust v. Board of Zoning AppealsNew York Court of Appeals · 2002
  2. MATTER OF TWIN COUNTY RECYCLING CORP. v. YevoliNew York Court of Appeals · 1997
  3. PDH Properties, LLC v. Planning Board of MiltonAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by3 opinions

  1. ALLEGANY WIND LLC v. PLANNING BOARD OF TOWN OF ALLEGANYAppellate Division of the Supreme Court of the State of New York · 2014
  2. Allegany Wind LLC v. Planning Board of AlleganyAppellate Division of the Supreme Court of the State of New York · 2014
  3. Allegany Wind LLC v. Planning Board of AlleganyAppellate Division of the Supreme Court of the State of New York · 2014

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