Bush v. Planning Board of Albany

*169OPINION OF THE COURT

Edward S. Conway, J.

This is a CPLR article 78 proceeding which was previously dismissed by judgment of this court entered October 11, 1978 in Albany County (96 Misc 2d 320) which was granted by this court on an objection in point of law and which was modified by the Appellate Division, Third Department and remitted for a determination on the merits (71 AD2d 780). The Appellate Division has determined that the individual petitioners have standing but not the association of which they are members.

This is an application by the petitioners seeking a judgment declaring null and…