Butler v. Town of Throop

—CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Cayuga County (Fandrich, J.), entered October 8, 2002 seeking review of a decision of respondent Planning Board of the Town of Throop.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously vacated without costs and the matter is remitted to Supreme Court, Cayuga County, for further proceedings in accordance with the following memorandum: Supreme Court transferred the proceeding herein to this Court pursuant to CPLR 7804 (g) on the ground that the petition raises an issue of…