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MATTER OF BONDED CONCRETE, INC. v. TOWN BD. OF THE TOWN OF ROTTERDAM

176 A.D.2d 1137 (1991)

In the Matter of Bonded Concrete, Inc., Petitioner, v. Town Board of the Town of Rotterdam, Respondent

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

October 31, 1991

Casey, J.

Our analysis in this case begins and ends with a procedural issue. Based upon the allegations in the petition that respondent's determination was not supported by substantial evidence, Supreme Court transferred the matter to this court pursuant to CPLR 7804 (g). As we explained in Matter of Save the Pine Bush v Planning Bd. (83 A.D.2d 741): "Unless an issue specified in CPLR 7803 (subd 4) is raised...

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