Talbot v. Ward

—In a proceeding pursuant to CPLR article 78 to review a determination of the Southold Town Planning Board, dated November 28, 1995, granting a waiver of site plan approval to the respondent Shelley’s Place, Inc., the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Cannavo, J.), entered January 22, 1997, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, the petition is reinstated, and the matter is remitted to the…