Academy Mews, Inc. v. Kane

In a proceeding pursuant to CPLR article 78 to review a determination of the Historic District and Landmarks Preservation Commission of the City of Poughkeepsie (hereinafter the commission) dated February 12, 1987, which denied the petitioner’s application for preliminary site plan approval of an 18-unit townhouse project, the members of the commission appeal, by permission, from an order of the Supreme Court, Dutchess County (Jiudice, J.), entered August 5, 1987, which denied their motion to dismiss the proceeding on the ground that petitioner failed to exhaust its administrative remedies.

Ord…