Sunken Pond Estates, Inc. v. O'Dea

*472In a proceeding pursuant to CPLR article 78 to review a determination of the Town of Riverhead Planning Board dated January 16, 2003, which conditioned approval of the petitioner’s condominium map upon the payment of the sum of $228,000 to the Town of Riverhead, the appeal is from an order and judgment (one paper) of the Supreme Court, Suffolk County (Werner, J.), dated August 25, 2003, which, upon treating a motion to dismiss the petition as a motion for summary judgment, denied the motion and granted the petition.

Ordered that the order and judgment is modified, on the law, by vacating the…