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MATTER OF PANETTA v. CITY OF RYE

2011-10173.

105 A.D.3d 748 (2013)

963 N.Y.S.2d 274

2013 NY Slip Op 2254

In the Matter of COSIMO PANETTA, Appellant, v. CITY OF RYE et al., Respondents.

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

Decided April 3, 2013.

In a proceeding pursuant to CPLR article 78, inter alia, to review a resolution of the Planning Commission of the City of Rye, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Colangelo, J.), dated September 12, 2011, which, upon severing the cause of action alleging a regulatory taking, denied the remaining portions of the petition and dismissed the remaining portions of the proceeding.

Ordered that the judgment is affirmed, with costs...

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