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MATTER OF BAILEY v. CITY PLANNING COMM'N OF THE CITY OF ROCHESTER

168 A.D.2d 1006 (1990)

In the Matter of Joann M. Bailey, Individually and as President of The Atlantic/University Neighborhood Association, Petitioner, v. City Planning Commission of the City of Rochester, Respondent. Barrel of Dolls Saloon, Inc., Proposed Intervenor-Appellant

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

December 21, 1990

Order unanimously reversed on the law without costs and motion granted.

Memorandum:

The court erred in denying appellant's motion to intervene brought pursuant to CPLR 7802 (d) for the purposes of appealing an order granting petitioner's CPLR article 78 petition. That petition sought to annul respondent's decision granting appellant's application for a special use permit. Appellant is an aggrieved party (CPLR 5511), and it was entitled to move to intervene...

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