MATTER OF KEMPISTY v. TOWN OF GEDDES

CA 11-01555.

93 A.D.3d 1167 (2012)

940 N.Y.S.2d 381

2012 NY Slip Op 1891

In the Matter of THAD L. KEMPISTY et al., Appellants, v. TOWN OF GEDDES et al., Respondents.

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

Decided March 16, 2012.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by granting those parts of the petition seeking to annul the determination insofar as it imposed conditions three through eight upon approval of the amended site plan and as modified the judgment is affirmed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination of the individual respondents constituting...

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