Judgment unanimously reversed on the law without costs and matter remitted to respondent for further proceedings in accordance with the following Memorandum: Respondent granted preliminary approval for 10 of 25 lots within petitioner's proposed subdivision, but made approval of the remaining lots "contingent upon a second access for those lots to a public highway other than the proposed access" on Gatehouse Road. Petitioner commenced this CPLR article 78 proceeding seeking...
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