In re Graham

Judgment unanimously reversed on the law without costs and matter remitted to respondent for further proceedings in accordance with the following Memorandum: Respondent granted preliminary approval for 10 of 25 lots within petitioner’s proposed subdivision, but made approval of the remaining lots "contingent upon a second access for those lots to a public highway other than the proposed access” on Gatehouse Road. Petitioner commenced this CPLR article 78 proceeding seeking to annul respondent’s determination conditioning the approval of lots 11 through 25 upon a second access road. Supreme…