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MATTER OF BD. OF FIRE COMM'RS OF TAPPAN FIRE DIST. v. PLANNING BD. OF TOWN OF ORANGETOWN

253 A.D.2d 875 (1998)

678 N.Y.S.2d 508

In the Matter of Board of Fire Commissioners of Tappan Fire District, Appellant, v. Planning Board of Town of Orangetown, Respondent

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

September 28, 1998

Ordered that the judgment is affirmed, without costs or disbursements.

There is insufficient evidence to establish that, under the "`balancing of public interests' * * * test" propounded by the Court of Appeals in Matter of County of Monroe (City of Rochester) (72 N.Y.2d 338, 341), the appellant is entitled to proceed with its plan to construct a driveway and additional parking...

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