MATTER OF LAUREL REALTY, LLC v. PLANNING BOARD OF TOWN OF KENT


40 A.D.3d 857 (2007)

836 N.Y.S.2d 248

In the Matter of LAUREL REALTY, LLC, Respondent, v. PLANNING BOARD OF TOWN OF KENT et al., Appellants.

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

Decided May 15, 2007.


Ordered that the order and judgment is modified, on the law, (1) by deleting the provision thereof granting the petition and substituting therefor a provision denying the petition, (2) by deleting the provision thereof which, upon, in effect, converting those branches of the respective motions of the Planning Board of the Town of Kent and the Town Board of the Town of Kent which were to dismiss the second cause of action into motions for summary judgment declaring that Local...

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