Osborn v. Planning Board of the Town of Colonie

Appeal from a judgment of the Supreme Court (Bradley, J.), entered May 2, 1988 in Albany County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Planning Board of the Town of Colonie denying petitioners’ application for commercial site plan approval.

Petitioners are Betsy J. Osborn and her husband, Daniel L. Orne. In June 1986, they submitted a proposed commercial site plan and an application for a building and zoning permit to respondent Planning Board of the Town of Colonie (herein*839after respondent) seeking to use a…