Matter of Anderson v Town of Chili Planning Bd, 12 NY3d 901 (2009)

2009 NY Slip Op 05372 [12 NY3d 901]
June 30, 2009
Court of Appeals

[*1]

In the Matter of Thomas Anderson et al., Appellants,
v
Town of Chili Planning Board et al., Respondents.

Decided June 30, 2009

Matter of Anderson v Town of Chili Planning Bd., 59 AD3d 1017, reversed.

{**12 NY3d at 902} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, respondent Planning Board’s determinations issuing a conditional use permit and a negative declaration annulled and matter remitted to Supreme Court, Monroe County, with directions to remand to the Planning Board for further proceedings for the reasons stated in the dissenting memorandum at the Appellate Division (59 AD3d 1017, 1019-1020 [2009]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.