MATTER OF ALLEGANY WIND LLC v. PLANNING BD. OF TOWN OF ALLEGANY

1324 CA 13-00795

115 A.D.3d 1268 (2014)

982 N.Y.S.2d 278

2014 NY Slip Op 1944

In the Matter of ALLEGANY WIND LLC, Appellant, v. PLANNING BOARD OF TOWN OF ALLEGANY, Respondent.

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

Decided March 21, 2014.


Appeal from a judgment of the Supreme Court, Cattaraugus County (Michael L. Nenno, A.J.), entered February 28, 2013 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge respondent's denial of its request for a second one-year extension of a special use permit...

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