Beekman Properties v. Planning Board of Town of East Fishkill

Appellate Division of the Supreme Court of New York

Beekman Properties v. Planning Board of Town of East Fishkill

75 A.D.2d 797

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 5, 1980

StatusPublished

This text of 75 A.D.2d 797 (Beekman Properties v. Planning Board of Town of East Fishkill) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beekman Properties v. Planning Board of Town of East Fishkill, 75 A.D.2d 797 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent which denied petitioners’ application for preliminary subdivision approval, petitioners appeal from a judgment of the Supreme Court, dated March 1, 1979 and entered in Dutchess County, which dismissed the petition. Judgment affirmed, without costs or disbursements, on the opinion of Mr. Justice Kelly at Special Term. We additionally note that on oral argument, counsel for the appellants raised for the first time the issue of the constitutionality of the respondent’s action. We do not pass upon that issue in this CPLR article 78 proceeding. Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the respondent which denied petitioners’ application for preliminary subdivision approval, petitioners appeal from a judgment of the Supreme Court, dated March 1, 1979 and entered in Dutchess County, which dismissed the petition. Judgment affirmed, without costs or disbursements, on the opinion of Mr. Justice Kelly at Special Term. We additionally note that on oral argument, counsel for the appellants raised for the first time the issue of the constitutionality of the respondent’s action. We do not pass upon that issue in this CPLR article 78 proceeding. Mollen, P. J., Hopkins, Titone and Mangano, JJ., concur.

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Bluebook (online)

75 A.D.2d 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beekman-properties-v-planning-board-of-town-of-east-fishkill-nyappdiv-1980.