MATTER OF C L & F DEVELOPMENT, LLC v. WEISS


50 A.D.3d 1574 (2008)

855 N.Y.S.2d 392

In the Matter of C L & F DEVELOPMENT, LLC, Respondent, v. ELAINE M. WEISS et al., Constituting the Planning Board of Town of Amherst, Appellants.

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

Decided April 25, 2008.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum:

Respondents appeal from a judgment that granted the petition in this CPLR article 78 proceeding. We agree with respondents, as asserted in their second affirmative defense, that the petition must be dismissed because petitioner failed to exhaust its administrative remedies (see Matter of Camardo v Michelman...

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