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MATTER OF MIALTO REALTY, INC. v. TOWN OF PATTERSON

112 A.D.2d 371 (1985)

In the Matter of Mialto Realty, Inc., Respondent, v. Town of Patterson et al., Appellants

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

July 22, 1985

On the court's own motion, appellants' notice of appeal is treated as an application for leave to appeal, said application is referred to Justice Rubin and leave to appeal is granted by Justice Rubin (CPLR 5701 [b] [1]).

Order affirmed, without costs or disbursements.

The Planning Board of the Town of Patterson was without authority to deny petitioner's application for site plan approval on the ground that, under...

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