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  5. 222 A.D.2d 475 (1995)
 

BD. OF EDUC. OF THE GOSHEN CENT. SCH. DIST. v. TOWN OF WALLKILL INDUS. DEV. AGENCY

222 A.D.2d 475 (1995)

635 N.Y.S.2d 244

Board of Education of the Goshen Central School District, Respondent-Appellant, v. Town of Wallkill Industrial Development Agency, Defendant, and Pcm Development Company, Appellant-Respondent

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

December 11, 1995

Ordered that, on the Court's own motion, the appellant's and cross-appellant's notices of appeal from the order entered in the CPLR article 78 proceeding are treated as applications for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the orders are modified, on the law, by deleting the provisions thereof denying the branch of PCM Development Company's motion to dismiss the fifth cause of action insofar as...

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