SUBURBAN PARK DEVELOPMENT ASSOCIATI v. TOWN OF MANLIUS ( 2013 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1378 CA 13-00854 PRESENT: SCUDDER, P.J., CENTRA, SCONIERS, AND WHALEN, JJ. IN THE MATTER OF SUBURBAN PARK DEVELOPMENT ASSOCIATION, LLC, PETITIONER-APPELLANT, V ORDER 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. LONGSTREET & BERRY, LLP, SYRACUSE (MICHAEL LONGSTREET OF COUNSEL), FOR PETITIONER-APPELLANT. HARRIS BEACH PLLC, PITTSFORD (SVETLANA K. IVY OF COUNSEL), FOR 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. 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