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MATTER OF JAMES L. GARRETT CO., INC. v. CULDENSCHUH

49 A.D.2d 800 (1975)

In the Matter of James L. Garrett Co., Inc., et al., Appellants, v. Carl Culdenschuh et al., Constituting The Planning Board of the Town of Brighton, Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 11, 1975

Motion for reargument, or, in the alternative, for leave to appeal to the Court of Appeals denied.

Memorandum:

Appellants move for reargument or leave to appeal to the Court of Appeals arguing, as before, that the denial of their application for approval of a clustered subdivision under section 281 of the Town Law was for the sole and exclusive reason that the subdivision would be clustered. Such is not among the reasons stated by the Planning Board of the...

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