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MATTER OF LEGACY AT FAIRWAYS, LLC v. PLANNING BOARD OF TOWN OF VICTOR

1063 CA 12-02240

112 A.D.3d 1289 (2013)

978 N.Y.S.2d 490

2013 NY Slip Op 8679

In the Matter of LEGACY AT FAIRWAYS, LLC, et al., Respondents, v. PLANNING BOARD OF TOWN OF VICTOR, Appellant. (Appeal No. 1.)

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

Decided December 27, 2013.

Appeal from a judgment (denominated decision, judgment and order) of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered October 24, 2012 in a CPLR article 78 proceeding. The judgment, inter alia, granted the petition.

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

Memorandum:

Petitioners commenced these CPLR article 78 proceedings seeking, inter...

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