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IN THE MATTER OF ELLSWORTH v. TOWN OF MALTA

16 A.D.3d 948 (2005)

792 N.Y.S.2d 227

In the Matter of CERYLE A. ELLSWORTH et al., Appellants, v. TOWN OF MALTA et al., Respondents.

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

March 24, 2005.

Mugglin, J.

This appeal concerns respondents' approval of an application to subdivide a 39-acre parcel on Manning Road in the Town of Malta, Saratoga County, referred to as Tiffany Estates. Following commencement of this CPLR article 78 proceeding to annul respondents' approval of the subdivision, respondents made a preanswer motion to dismiss. Initially, Supreme Court determined that respondents failed to comply with General Municipal Law § 239-m, as alleged...

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