Legal Opinion

Bonded Concrete, Inc. v. Town Board of the Town of Rotterdam

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

Decided October 31, 1991PublishedCited by 9 opinions

1Opinion of the Court

— Casey, J.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Schenectady County) to review a determination of respondent which denied petitioner’s application for approval of its reclamation plan.

Our analysis in this case begins and ends with a procedural issue. Based upon the allegations in the petition that respondent’s determination was not supported by substantial evidence, Supreme Court transferred the matter to this court pursuant to CPLR 7804 (g). As we explained in Matter of Save the Pine Bush v Planning Bd. (83 AD2d 741):…

2Cases cited5 opinions

  1. Save Pine Bush, Inc. v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1981
  2. Seaview Ass'n of Fire Island v. Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1986
  3. Dan Gernatt Gravel Products, Inc. v. Town of CollinsAppellate Division of the Supreme Court of the State of New York · 1984
  4. Christopher v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1990
  5. Bravata's Carting, Inc. v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by9 opinions

  1. Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
  2. Wal-Mart Stores, Inc. v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1998
  3. Gigliotti v. BiancoAppellate Division of the Supreme Court of the State of New York · 2011
  4. Cornelius v. City of OneontaAppellate Division of the Supreme Court of the State of New York · 2010
  5. Bigando v. HeitzmanAppellate Division of the Supreme Court of the State of New York · 1992

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