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  5. 66 N.Y.2d 717 (1985)
 

MATTER OF PITTSFORD PLAZA ASSOCS. v. SPIEGEL

66 N.Y.2d 717 (1985)

In the Matter of Pittsford Plaza Associates, Respondent, v. Paul M. Spiegel et al., Constituting the Town Board of the Town of Pittsford, Appellants. Phillip A. Smethurst et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided October 17, 1985.

Attorney(s) appearing for the Case

James A. Reed, Jr., for appellants.

Francis E. Kenny, Thomas C. Greiner, Jr., and Stephen J. Seleman for intervenors-appellants.

John J. Darcy for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgment of the Supreme Court, Monroe County, reinstated.

Petitioner, the owner of a regional shopping center located in the Town of Pittsford, commenced this CPLR article 78 proceeding to annul the Town Board's rejection of its site plan for the proposed construction of a seven-screen movie theatre. The Town Board action was taken...

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