Rochester Telephone Mobile Communications v. Cole

—Judgment unanimously reversed on the law without costs, motion granted and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking a judgment annulling the determination of respondent Planning Board of the Town of Ogden (Planning Board), which had denied petitioner’s application for a permit to construct a cellular communications tower (tower) in the Town of Ogden. Ogden Citizens for Responsible Land Use, Ltd. (OCRLU) moved for permission to intervene. Supreme Court denied the motion of…