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MATTER OF MIRANDA HOLDINGS, INC. v. TOWN BD. OF THE TOWN OF ORCHARD PARK

66 CA 20-01599.

206 A.D.3d 1662 (2022)

170 N.Y.S.3d 432

2022 NY Slip Op 03811

In the Matter of Miranda Holdings, Inc., Respondent, v. Town Board of the Town of Orchard Park et al., Appellants.

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

Decided June 10, 2022.

Attorney(s) appearing for the Case

BARCLAY DAMON LLP, BUFFALO ( ARI M. GOLDBERG OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-APPELLANTS.

PHILLIPS LYTLE LLP, BUFFALO ( CRAIG R. BUCKI OF COUNSEL), FOR PETITIONER-PLAINTIFF-RESPONDENT.

Present—Peradotto, J.P., Lindley, Winslow and Bannister, JJ.

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

Memorandum: Petitioner/plaintiff (petitioner) is a developer who had requested the approval of respondents/defendants Town of Orchard Park and Town Board of the Town of Orchard Park (Town Board) (collectively, respondents) for a proposed commercial structure that included a restaurant with a drive-through window. Petitioner subsequently commenced this hybrid article 78 proceeding...

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