Matter of Suburban Park Dev. Assn., LLC v Town of Manlius

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Matter of Suburban Park Dev. Assn., LLC v Town of Manlius 2013 NY Slip Op 08779 Released on December 27, 2013 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., CENTRA, SCONIERS, AND WHALEN, JJ.
1378 CA 13-00854

[*1]IN THE MATTER OF SUBURBAN PARK DEVELOPMENT ASSOCIATION, LLC, PETITIONER-APPELLANT,

v

TOWN OF MANLIUS, TOWN OF MANLIUS PLANNING BOARD, FREDERICK GILBERT, DONALD CROSSETT, RICHARD ROSSETTI, ANN KELLY, TOM BYRNES, SUSAN MOLISKI AND JOSEPH LUPIA, JR., RESPONDENTS-RESPONDENTS.


Appeal from a judgment (denominated order and judgment) of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered February 5, 2013 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.


LONGSTREET & BERRY, LLP, SYRACUSE (MICHAEL LONGSTREET OF COUNSEL), FOR PETITIONER-APPELLANT.
HARRIS BEACH PLLC, PITTSFORD (SVETLANA K. IVY OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.


It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court

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