Legal Opinion

Gleason v. Town of Clifton Park Planning Board

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

Decided December 8, 2011PublishedCited by 7 opinions

1Opinion of the CourtMalone Jr., J.

Petitioners commenced this CPLR article 78 proceeding to challenge a determination of respondent Town of Clifton Park Planning Board that approved respondent Chris Semenza’s application to subdivide property owned by Evalyon M. Bartlett, as trustee of the Mericle Family Trust. Although petitioners properly served process on the Planning Board and Semenza, they improperly named the “Estate of Evalyon M. Bartlett”— rather than Bartlett as trustee — as a party and attempted to serve a copy of the petition and notice of petition to Semenza’s attorney, requesting that he accept it on behalf of the…

2Cases cited5 opinions

  1. Windy Ridge Farm v. Assessor of the Town of ShandakenNew York Court of Appeals · 2008
  2. Romeo v. New York State Department of EducationAppellate Division of the Supreme Court of the State of New York · 2007
  3. Henning v. Rando Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Alexy v. OtteAppellate Division of the Supreme Court of the State of New York · 2009
  5. Tecler v. Lake George Park CommissionAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by7 opinions

  1. Hearst Corp. v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 2013
  2. Petti v. Town of LexingtonAppellate Division of the Supreme Court of the State of New York · 2012
  3. White v. County of SullivanAppellate Division of the Supreme Court of the State of New York · 2012
  4. Hearst Corp. v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 2013
  5. Mid Island Therapy Associates, LLC v. New York State Department of EducationAppellate Division of the Supreme Court of the State of New York · 2012

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