Legal Opinion

Segalla v. Planning Board of Town of Amenia

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

Decided May 2, 1994PublishedCited by 3 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR article 78 to declare illegal a resolution of the Planning Board of the Town of Amenia, dated December 17, 1991, adopting a Master Plan, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), dated August 14, 1992, which dismissed the proceeding.

Ordered that the judgment is modified, on the law, by adding thereto provisions (1) converting the proceeding into an action for a declaratory judgment (see, CPLR 103 [c]), with the petition deemed the complaint, and (2) declaring that the resolution of the Planning Board of the…

2Cases cited7 opinions

  1. Kovarsky v. Housing & Development AdministrationNew York Court of Appeals · 1972
  2. Webster Associates v. Town of WebsterNew York Court of Appeals · 1983
  3. Parker v. Town of Gardiner Planning BoardAppellate Division of the Supreme Court of the State of New York · 1992
  4. Town of North Hempstead v. Village of North HillsNew York Court of Appeals · 1975
  5. Ahearn v. Zoning Board of Appeals of ShawangunkAppellate Division of the Supreme Court of the State of New York · 1990

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Byer v. Town of PoestenkillAppellate Division of the Supreme Court of the State of New York · 1996
  2. Matter of Troy Sand & Gravel Co., Inc. v. FlemingAppellate Division of the Supreme Court of the State of New York · 2017
  3. Opn. No., New York Attorney General Reports2002

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