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MATTER OF SAVE THE PINE BUSH, INC. v. PLANNING BD. OF THE CITY OF ALBANY

83 A.D.2d 698 (1981)

In the Matter of Save the Pine Bush, Inc., et al., Appellants, v. Planning Board of the City of Albany et al., Respondents, and Built-Mor Realty Corp., Intervenor-Respondent. (And Another Related Proceeding.)

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

July 16, 1981

On August 2, 1979, petitioners commenced an article 78 proceeding to declare void the action of the respondent Planning Board of the City of Albany (hereinafter the Board) in approving a construction project known as the Pine Circle plat. The Board moved to dismiss the petition pursuant to CPLR 7804 (subd [f]) on the ground of lack of jurisdiction due to improper service. Petitioners had served copies of the pleadings on the son of the chairman of the Board and had mailed...

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