Bailey v. City Planning Commission of City of Rochester

Appellate Division of the Supreme Court of New York

Bailey v. City Planning Commission of City of Rochester

168 A.D.2d 1006, 564 N.Y.S.2d 948, 1990 N.Y. App. Div. LEXIS 16625

Appellate Division of the Supreme Court of the State of New York·Decided December 21, 1990·Published·Cited by 1 cases

Opinion

Order unanimously reversed on the law without costs and motion granted. Memorandum: The court erred in denying appellant’s motion to intervene brought pursuant to CPLR 7802 (d) for the purposes of appealing an order granting petitioner’s CPLR article 78 petition. That petition sought to annul respondent’s decision granting appellant’s application for a special use permit. Appellant is an aggrieved party (CPLR 5511), and it was entitled to move to intervene after learning that respondent did not plan to appeal the order (see, e.g., Auerbach v Bennett, 47 NY2d 619, 628). (Appeal from order of Supreme Court, Monroe County, Cornelius, J.—intervention.) Present—Denman, J. P., Boomer, Pine, Balio and Lawton, JJ.

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Order unanimously reversed on the law without costs and motion granted. Memorandum: The court erred in denying appellant’s motion to intervene brought pursuant to CPLR 7802 (d) for the purposes of appealing an order granting petitioner’s CPLR article 78 petition. That petition sought to annul respondent’s decision granting appellant’s application for a special use permit. Appellant is an aggrieved party (CPLR 5511), and it was entitled to move to intervene after learning that respondent did not plan to appeal the order (see, e.g., Auerbach v Bennett, 47 NY2d 619, 628). (Appeal from order of Supreme Court, Monroe County, Cornelius, J.—intervention.) Present—Denman, J. P., Boomer, Pine, Balio and Lawton, JJ.

Bailey v. City Planning Commission of City of Rochester, 168 A.D.2d 1006, 564 N.Y.S.2d 948, 1990 N.Y. App. Div. LEXIS 16625 (N.Y. Ct. App. 1990).

Pincite

168 A.D.2d 1006 (Bailey v. City Planning Commission of City of Rochester) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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