Pelham Esplanade, Inc. v. Board of Trustees

Appellate Division of the Supreme Court of New York

Pelham Esplanade, Inc. v. Board of Trustees

126 A.D.2d 729, 510 N.Y.S.2d 1013, 1987 N.Y. App. Div. LEXIS 41874

Appellate Division of the Supreme Court of the State of New York·Decided January 26, 1987·Published·Cited by 1 cases

Opinion

—Appeal from an order of the Supreme Court, Westchester County, dated February 18, 1986, as amended by an order of the same court dated March 26, 1986, which granted a petition to review the appellant’s determination denying an application for site plan approval, and remitted the matter to the appellant for further consideration.

Ordered that the notice of appeal is treated as an application for leave to appeal, the application is referred to Justice Rubin, and leave to appeal is granted by Justice Rubin (see, CPLR 5701 [b] [1]); and it is further,

Ordered that the order, as amended, is affirmed, with costs, for reasons stated by Justice Ingrassia at Special Term (see also, Matter of Bogey’s Emporium v City of White Plains, 114 AD2d 363). Mollen, P. J., Thompson, Weinstein and Rubin, JJ., concur.

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—Appeal from an order of the Supreme Court, Westchester County, dated February 18, 1986, as amended by an order of the same court dated March 26, 1986, which granted a petition to review the appellant’s determination denying an application for site plan approval, and remitted the matter to the appellant for further consideration.

Ordered that the notice of appeal is treated as an application for leave to appeal, the application is referred to Justice Rubin, and leave to appeal is granted by Justice Rubin (see, CPLR 5701 [b] [1]); and it is further,

Ordered that the order, as amended, is affirmed, with costs, for reasons stated by Justice Ingrassia at Special Term (see also, Matter of Bogey’s Emporium v City of White Plains, 114 AD2d 363). Mollen, P. J., Thompson, Weinstein and Rubin, JJ., concur.

Pelham Esplanade, Inc. v. Board of Trustees, 126 A.D.2d 729, 510 N.Y.S.2d 1013, 1987 N.Y. App. Div. LEXIS 41874 (N.Y. Ct. App. 1987).

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126 A.D.2d 729 (Pelham Esplanade, Inc. v. Board of Trustees) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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