Dean Tarry Corp. v. Friedlander

OPINION OF THE COURT

Morris Slifkin, J.

In a proceeding pursuant to CPLR article 78, petitioner corporation seeks to annul, reverse, and set aside a determina*436tian of respondent planning board disapproving petitioner’s application for site plan approval.

Petitioner owns a vacant parcel of approximately 1.7 acres which is bounded on the east by a street named Windle Park and on the west by Franklin Street. Petitioner also owns a second parcel of approximately 15,000 square feet across and on the easterly side of Windle Park. The larger parcel, which is the one of concern herein, has an…