MATTER OF COMMERCE BANK, N.A. v. PLANNING BOARD OF TOWN OF BEDFORD


47 A.D.3d 810 (2008)

850 N.Y.S.2d 542

In the Matter of COMMERCE BANK, N.A., Appellant, v. PLANNING BOARD OF TOWN OF BEDFORD, Respondent.

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

Decided January 22, 2008.


Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, the determination of the respondent Planning Board of the Town of Bedford (hereinafter the Planning Board) denying its application for preliminary site plan approval was not arbitrary or capricious (see Matter of Milt-Nik Land Corp. v City of Yonkers, 24 A.D.3d 446 [2005]). In conducting preliminary site plan review, the Planning Board...

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