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PINE BUSH v. PLANNING BD.

105 Misc.2d 168 (1980)

In the Matter of Friends of the Pine Bush et al., Petitioners, v. Planning Board of the City of Albany et al., Respondents. Built-Mor Realty Corp., Intervenor.

Supreme Court, Special Term, Albany County.

September 12, 1980.

Attorney(s) appearing for the Case

Lewis B. Oliver, Jr., for petitioners. John E. Roe, Corporation Counsel (Condon A. Lyons of counsel), for City of Albany and another, respondents. Rutnik & Rutnik (Douglas P. Rutnik of counsel), for G.M.R. Properties, Inc., respondent and Built-Mor Realty Corp., intervenor.

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 (

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