Cleary v. Bibbo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtYesawich Jr., J.
Appeal from a judgment of the Supreme Court (Kahn, J.), entered May 7, 1996 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents denying petitioner’s request for subdivision approval.
Petitioner is the owner of undeveloped real property located in the Town of Guilderland, Albany County. In May 1994, petitioner applied to the Town of Guilderland Planning Board (hereinafter the Board) to subdivide the property into two parcels. Following hearings which started in June 1994 and ended in November 1994, the…
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