In the Matter of Thomas Anderson v. Town of Chili Planning Board and Metalico Rochester, Inc., 556 U. S. (N.Y. 2009)

New York Court of Appeals, Memorandum (June 30, 2009)

Docket number: No. 173 SSM 17

Permanent Link: http://nyca.vlex.com/vid/town-chili-planning-metalico-rochester-61889374
Id. vLex: VLEX-61889374

Click here to download this article in graphic format (Acrobat Reader)

Document language

Request manual translation

Search in this document

Document options

Text:

This memorandum is uncorrected and subject to revision before

publication in the New York Reports.

---------------------------------------------------------

No. 173 SSM 17
In the Matter of Thomas Anderson,
et al.,
Appellants,
v.
Town of Chili Planning Board and
Metalico Rochester, Inc.,
Respondents.

Submitted by Janet D. Callahan, for appellants.
Submitted by Keith E. O'Toole, for respondent Town of Chili Planning Board.

Submitted by Jeffrey J. Harridine, for respondent Metalico Rochester, Inc.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.11 of the Rules, 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]).

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

Decided June 30, 2009