Ellsworth v. Town of Malta
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMugglin, J.
Appeal from a judgment of the Supreme Court (Williams, J.), entered December 5, 2003 in Saratoga County, which, upon reconsideration, in a proceeding pursuant to CFLR article 78, granted respondents’ motion to dismiss the petition.
This appeal concerns respondents’ approval of an application to subdivide a 39-acre parcel on Manning Road in the Town of Malta, Saratoga County, referred to as Tiffany Estates. Following commencement of this CFLR article 78 proceeding to annul respondents’ approval of the subdivision, respondents made a preanswer motion to dismiss. Initially, Supreme Court…
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