Dashnaw v. Town of Peru
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtStein, J.
Appeal from a judgment of the Supreme Court (Muller, J.), entered June 11, 2012 in Clinton County, which, among other things, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted respondents’ motion to dismiss the petition/complaint.
Petitioners own real property located in the Town of Peru, Clinton County, which they sought to subdivide and develop. The property is accessed by Fairway Drive, a roadway formerly known as Brand Hollow Road.1 Petitioners applied for a certificate of occupancy and building permit and, in connection therewith, were…
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