Matter of Suburban Park Dev. Assn., LLC v Town of Manlius
2013 NY Slip Op 08779 [112 AD3d 1381]
December 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2014


In the Matter of Suburban Park Development Association, LLC, Appellant, v Town of Manlius et al., Respondents.

[*1] 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. Present—Scudder, P.J., Centra, Sconiers and Whalen, JJ.