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MATTER OF GLEASON v. TOWN OF CLIFTON PARK PLANNING BD.

511989.

90 A.D.3d 1205 (2011)

933 N.Y.S.2d 919

2011 NY Slip Op 8875

In the Matter of DALE GLEASON et al., Appellants, v. TOWN OF CLIFTON PARK PLANNING BOARD et al., Respondents, et al., Respondent.

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

Decided December 8, 2011.

MALONE JR., J.

Petitioners commenced this CPLR article 78 proceeding to challenge a determination of respondent Town of Clifton Park Planning Board that approved respondent Chris Semenza's application to subdivide property owned by Evalyon M. Bartlett, as trustee of the Mericle Family Trust. Although petitioners properly served process on the Planning Board and Semenza, they improperly named the "Estate of Evalyon M. Bartlett"— rather than Bartlett as trustee...

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