Leave to appeal granted by Justice Lazer.
Order affirmed, insofar as appealed from, with costs.
Petitioners' cross motion for summary judgment was, as Special Term observed, premature in that it was made after respondent Planning Board moved to dismiss the petition but before it submitted its answer. CPLR 7804 (f) clearly provides that "[i]f the motion [to dismiss] is denied, the court shall permit the respondent to answer". Likewise, we have previously stated...
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