MATTER OF FRIENDS OF THE PINE BUSH v. PLANNING BD. OF THE CITY OF ALBANY


59 N.Y.2d 849 (1983)

In the Matter of Friends of the Pine Bush et al., Respondents-Appellants, v. Planning Board of the City of Albany et al., Appellants-Respondents. G.M.R. Properties, Inc., et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided June 9, 1983.


Attorney(s) appearing for the Case

Vincent J. McArdle, Jr., Corporation Counsel (Condon A. Lyons of counsel), for appellants-respondents.

Lewis B. Oliver, Jr., for respondents-appellants.

Peter A. Lynch for intervenors-respondents.

Concur: Judges JASEN, JONES, WACHTLER, MEYER and SIMONS. Taking no part: Chief Judge COOKE.


Order affirmed, with costs. The Appellate Division did not err in retaining the appeal despite mootness or in converting the proceeding to an action for declaratory judgment. On the merits we affirm for the reasons stated in the opinion by Presiding Justice A. FRANKLIN MAHONEY at the Appellate Division (86 A.D.2d 246

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