Olivieri v. Planning Board

—In a proceeding pursuant to CPLR article 78 to review so much of a determination of the Planning Board of the Town of Greenburgh as imposed a condition on the petitioners’ application for subdivision approval, the appeal is from a judgment of the Supreme Court, Westchester County (Fred-man, J.), entered May 18, 1995, which granted the petition.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.

The petitioners owned a substantial parcel of land in the Town of Greenburgh. The land had long been divided by deed…