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PITTSFORD PLAZA ASSOCS. v. SPIEGEL

112 A.D.2d 733 (1985)

Pittsford Plaza Associates, Appellant, v. Paul M. Spiegel et al., Constituting The Town Board of the Town of Pittsford, Respondents. Phillip A. Smethurst et al., Intervenors-Respondents

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

July 12, 1985

Judgment unanimously reversed, on the law, without costs, and petition granted, in accordance with the following memorandum:

Petitioner appeals from the dismissal of its CPLR article 78 proceeding to review a determination of the Pittsford Town Board disapproving petitioner's preliminary site plan for the proposed construction of a seven-screen movie theatre. The Town Board's action was taken pursuant to the final authority it has retained over preliminary site plans...

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