Ashley Homes of L.I., Inc. v. O'Dea

In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Town of Riverhead dated September 15, 2005, which denied the petitioner’s application for subdivision approval, the appeal is from an order of the Supreme Court, Suffolk County (Costello, J.), dated April 30, 2007, which, in effect, granted the petition, annulled the determination, and directed the Planning Board of the Town of Riverhead to approve the subdivision.

Ordered that on the Court’s own motion, the notice of appeal from the order is treated as an application for leave to appeal, and…