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MATTER OF OLIVIERI v. PLANNING BD. OF THE TOWN OF GREENBURGH

229 A.D.2d 584 (1996)

645 N.Y.S.2d 545

In the Matter of Albert Olivieri et al., Respondents, v. Planning Board of the Town of Greenburgh, Appellant

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

July 29, 1996

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.

The petitioners owned a substantial parcel of land in the Town of Greenburgh. The land had long been divided by deed into three lots, but the petitioners had never sought a legal subdivision. The front lot contained a family-owned retail nursery and gardening center, and the rear two lots contained residences. When the petitioners sought...

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