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  5. 96 A.D.2d 986 (1983)
 

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

96 A.D.2d 986 (1983)

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

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

August 4, 1983

Petitioners brought a combined CPLR article 78 proceeding and declaratory judgment action to halt two developments, one residential and one commercial, in the Pine Bush area of the City of Albany. Petitioners were successful on all grounds at Special Term and respondents take issue on appeal with every part of the judgment except that which declared the waiver of construction of improvements or posting of a performance bond illegal. In October, 1978, respondent Planning Board...

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