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

83 A.D.2d 741 (1981)

In the Matter of Save the Pine Bush, Inc., et al., Petitioners, v. Planning Board of the City of Albany et al., Respondents, and Benacquista, Polsinelli & Serafini Management Corp. et al., Intervenors-Respondents

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

July 30, 1981

Special Term transferred this proceeding to this court upon the ground that the petition contains allegations that certain of respondents' determinations are not supported by substantial evidence. Respondents have not yet answered the petition; rather, they have moved to dismiss upon objections in point of law which do not involve the merits. In our view, transfer was improper and, after passing on the objections in point of law, we remit the matter to Special Term. Unless...

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