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BOWER ASSOC. v. PLEASANT VAL.

304 A.D.2d 259 (2003)

761 N.Y.S.2d 64

BOWER ASSOCIATES, Respondent, v. TOWN OF PLEASANT VALLEY et al., Appellants.

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

May 12, 2003.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, Albertson (Neil H. Angel and Janice Berkowitz of counsel), for appellants.

Tuczinski, Cavalier, Burstein & Collura, P.C., Albany (Andrew W. Gilchrist and Alison M. Coan of counsel), for respondent.

SMITH, J.P., TOWNES and MASTRO, JJ., concur.

OPINION OF THE COURT

GOLDSTEIN, J.

At issue here is whether the plaintiff's complaint seeking to recover damages allegedly arising from the defendants' denial of its application for subdivision approval states a cause of action pursuant to 42 USC § 1983. We hold that it does not.

On March 14, 2001, the plaintiff commenced the instant action against the Town of Pleasant Valley and the Planning Board of the Town of Pleasant Valley (hereinafter...

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