DEPAOLO v. TOWN OF ITHACA


181 Misc.2d 932 (1999)

696 N.Y.S.2d 392

RICHARD D. DePAOLO et al., Petitioners, v. TOWN OF ITHACA et al., Respondents.

Supreme Court, Tompkins County.

August 24, 1999.


Attorney(s) appearing for the Case

Shirley K. Egan, Ithaca (James J. Mingle and Nelson E. Roth of counsel), for Cornell University and another, respondents. Bond, Schoeneck & King, L. L. P., Syracuse (John D. Allen of counsel), for Ithaca City School District, respondent.

Barney, Grossman, Dubow & Marcus, Ithaca (William J. Troy III of counsel), for Town of Ithaca and others, respondents.

Lewis B. Oliver, Jr., Albany, for petitioners.


OPINION OF THE COURT

PHILLIP R. RUMSEY, J.

This CPLR article 78 petition—in which the petitioners sought, inter alia, an order revoking a subdivision approval granted by the Town of Ithaca Planning Board—was dismissed by this court by judgment entered January 25, 1999. On February 17, 1999, petitioners filed a notice of appeal to the Appellate Division. Respondent Cornell University then moved in the Appellate Division for an order declaring...

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