Legal Opinion
Fallati v. Town of Colonie
Appellate Division of the Supreme Court of the State of New York
Decided December 7, 1995PublishedCited by 11 opinions
1Opinion of the CourtPeters, J.
Appeal from a judgment of the Supreme Court (Canfield, J.), entered October 6, 1994 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to exhaust administrative remedies.
Stewart’s Ice Cream Company, Inc. had been endeavoring since January 1993 to construct a convenience store on prop*812erty adjacent to petitioner’s property on Sand Creek Road in the Town of Colonie, Albany County. In August 1993, Stewart’s applied to the Building Department of respondent Town of Colonie for commercial zoning verification approval.…
2Cases cited5 opinions
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Ughetta v. BarileAppellate Division of the Supreme Court of the State of New York · 1994
- Stockdale v. HughesAppellate Division of the Supreme Court of the State of New York · 1993
- Caprari v. Town of ColesvilleAppellate Division of the Supreme Court of the State of New York · 1993
- Center Square Ass'n v. Board of Building, Zoning & Housing AppealsAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by11 opinions
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- Gabriel v. PrimeAppellate Division of the Supreme Court of the State of New York · 2006
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- G.Z.T. Industries, Inc. v. Planning Board of FallsburgAppellate Division of the Supreme Court of the State of New York · 1997
- Salvador v. Town of Lake George Planning BoardAppellate Division of the Supreme Court of the State of New York · 2006
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