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MATTER OF BOWER ASSOCIATES v. PLANNING BOARD OF THE TOWN OF PLEASANT VALLEY

289 A.D.2d 575 (2001)

735 N.Y.S.2d 806

In the Matter of BOWER ASSOCIATES, Respondent, v. PLANNING BOARD OF THE TOWN OF PLEASANT VALLEY, Appellant.

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

Decided December 31, 2001.

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

The Supreme Court properly determined that the denial of the petitioner's subdivision application was arbitrary and capricious, was not supported by any evidence in the record, and was made without foundation in fact (see, Matter of Kahn v Pasnik, 90 N.Y.2d 569; Matter of Gernatt Asphalt Prods. v Town of Sardinia, 87 N.Y.2d 668...

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