Legal Opinion

Alper Restaurant Inc. v. Town of Copake Planning Board

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

Decided April 13, 2017Published

1Opinion of the CourtRose, J.

Appeal from a judgment of the Supreme Court (Platkin, J.), entered October 20, 2015 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition.

Respondents Catamount Development Corporation and Rock Solid Development, LLC applied to respondent Town of Copake Planning Board for site plan and subdivision approval to construct a resort hotel on a parcel of property owned by Catamount and located in the Town of Copake, Columbia County. The Planning Board declared itself the lead agency for environmental review under the State Environmental Quality Review Act (see…

2Cases cited2 opinions

  1. Stone Bridge Farms, Inc. v. County of ColumbiaAppellate Division of the Supreme Court of the State of New York · 2011
  2. Mosher v. Town of Southport Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2004

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