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  5. 148 A.D.2d 607 (1989)
 

MATTER OF DGM PARTNERS-RYE v. RYE CITY PLANNING COMM'N

148 A.D.2d 607 (1989)

In the Matter of DGM Partners-Rye, Appellant, v. Rye City Planning Commission, Respondent. Peter Jay Heritage Coalition et al., Intervenors-Respondents

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

March 20, 1989

Ordered that on the court's own motion, the petitioner's notice of appeal is treated as an application for leave to appeal, the application is referred to Justice Eiber, and leave to appeal is granted by Justice Eiber (see, CPLR 5701 [b] [1]); and it is further,

Ordered that the order is modified by deleting the provision thereof dismissing so much of the petition as sought annulment of conditions numbered 4 and 5; as so modified, the order is affirmed insofar...

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