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PENFIELD AREA v. PENFIELD BD.

253 A.D.2d 342 (1999)

688 N.Y.S.2d 848

In the Matter of Penfield Panorama Area Community, Inc., Respondent-Appellant, v. Town of Penfield Planning Board, Respondent, and Chrisanntha, Inc., Appellant-Respondent

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

March 19, 1999

Attorney(s) appearing for the Case

Green & Seifter, P. C., Syracuse (Kevin McAuliffe of counsel), for appellant-respondent.

Knauf Craig Koegel & Shaw, L. L. P., Rochester (Alan Knauf of counsel), for respondent-appellant.

Joseph A. Platania, Rochester, for respondent.

PINE, PIGOTT, JR., CALLAHAN and BALIO, JJ., concur.

DENMAN, P. J.

Respondent Chrisanntha, Inc. (Chrisanntha) appeals and petitioner cross-appeals from a judgment (denominated order and judgment) of Supreme Court that annulled a determination by respondent Town of Penfield Planning Board (Planning Board) approving a cluster subdivision. The court held that the cluster subdivision violated height requirements of the Town of Penfield Zoning Ordinance (Zoning Ordinance...

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