Yaeger v. Town of Lockport Planning Board

Appeal from a judgment of the Supreme Court, Niagara County (Frank Caruso, J.), entered October 4, 2007. The judgment granted respondents’ motion and dismissed the CPLR article 78 petition.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, the petition is reinstated, and respondents are granted 20 days from service of the order of this Court with notice of entry to serve and file an answer.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul the determinations of respondents Town of…