MATTER OF EXPRESSVIEW DEVELOPMENT, INC. v. TOWN OF GATES ZONING BD. OF APPEALS

NO. 1265, CA 16-00600

147 A.D.3d 1427 (2017)

46 N.Y.S.3d 725

2017 NY Slip Op 00874

In the Matter of EXPRESSVIEW DEVELOPMENT, INC., on its own Behalf and as Agent of CANANDAIGUA NATIONAL BANK, Trustee of the MAX M. FARASH DECLARATION OF TRUST dated July 6, 2007, et al., Appellants, v. TOWN OF GATES ZONING BOARD OF APPEALS et al., Respondents.

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

Decided February 3, 2017.


Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered January 21, 2016 in a hybrid CPLR article 78 proceeding and declaratory judgment action. The judgment, insofar as appealed from, granted the cross motion of respondents-defendants to dismiss the amended petition-complaint.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the cross motion to the extent that...

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