MATTER OF OBLIN HOMES, INC. v. PLANNING BD. OF THE VILL. OF DOBBS FERRY


222 A.D.2d 591 (1995)

635 N.Y.S.2d 279

In the Matter of Oblin Homes, Inc., Appellant, v. Planning Board of the Village of Dobbs Ferry, Respondent, and Briary Woods Neighborhood Association, Intervenor-Respondent

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

December 18, 1995


Ordered that the judgment is modified, on the law, by deleting therefrom the provision denying that branch of the petition which was to compel the respondent to consider the petitioner's application, and by substituting therefor a provision granting that branch of the petition and directing the respondent to consider the application; as so modified, the judgment is affirmed, with costs to the petitioner payable by the respondent and the intervenor-respondent.

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