Legal Opinion

Kahn v. Planning Board

Appellate Division of the Supreme Court of the State of New York

Decided March 27, 2009PublishedCited by 6 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court, Erie County (Kevin M. Dillon, J), entered February 21, 2008 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination approving the site plan for the construction of a residential tower by respondent Uniland Development Company. The record establishes that petitioner did not argue to respondent Planning Board of City of…

2Cases cited3 opinions

  1. Kaufman v. Incorporated Village of Kings PointAppellate Division of the Supreme Court of the State of New York · 2008
  2. O'Donnell v. Town of SchoharieAppellate Division of the Supreme Court of the State of New York · 2002
  3. Forjone v. BoveAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by6 opinions

  1. Matter of Falcon Group Ltd. Liab. Co. v. Town/Village of Harrison Planning Bd.Appellate Division of the Supreme Court of the State of New York · 2015
  2. LEGACY AT FAIRWAYS, LLC v. PLANNING BOARD OF TOWN OF VICTORAppellate Division of the Supreme Court of the State of New York · 2013
  3. Legacy at Fairways, LLC v. Planning Board of Town of VictorAppellate Division of the Supreme Court of the State of New York · 2013
  4. Legacy at Fairways, LLC v. Planning Board of Town of VictorAppellate Division of the Supreme Court of the State of New York · 2013
  5. Matter of Coalition for Cobbs Hill v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 2021

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