Legal Opinion
Country Glen Associates v. Newburger
Appellate Division of the Supreme Court of the State of New York
Decided May 19, 2003PublishedCited by 7 opinions
1Opinion of the Court
—Proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of North Hempstead dated February 15, 2000, which, after a hearing, denied the petitioner’s application for site plan approval.
*595Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
Initially, we note that the Supreme Court should have disposed of the proceeding on the merits instead of transferring it to this Court (see Town Law § 274-a [11]; Matter of Wal-Mart Stores v Planning Bd. of Town of N. Elba, 238 AD2d 93, 96…
2Cases cited3 opinions
- Wal-Mart Stores, Inc. v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1998
- Pittsford Plaza Associates v. SpiegelNew York Court of Appeals · 1985
- Carlucci v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by7 opinions
- Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
- Silvera v. Town of Amenia Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2006
- Milt-Nik Land Corp. v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2005
- FNR Home Construction Corp. v. DownsAppellate Division of the Supreme Court of the State of New York · 2008
- Lauer v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 2008
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