# Irondequoit Assembly of God v. Planning Board

> Appellate Division of the Supreme Court of the State of New York · November 19, 1997 · 244 A.D.2d 1002

URL: https://www.frixlaw.com/law-library/cases/6019654

## Case

- **Full name:** In the Matter of Irondequoit Assembly of God v. Planning Board of Town of Irondequoit
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 19, 1997
- **Citations:** 244 A.D.2d 1002; 668 N.Y.S.2d 964; 1997 N.Y. App. Div. LEXIS 12455
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6019654

## Opinion text

—Order unanimously vacated without costs and matter remitted to Supreme Court for further *1003 proceedings in accordance with the following Memorandum: Inasmuch as the petition in this CPLR article 78 proceeding does not present a substantial evidence issue (see, CPLR 7803 [4]), Supreme Court improperly transferred the proceeding to this Court (see, CPLR 7804 [g]; Matter of Dubb Enters, v New York State Liq. Auth., 187 AD2d 831, 832 ). We also note that, because petitioner challenges a decision of the Planning Board of the Town of Irondequoit, the court was required to dispose of the matter on the merits and determine all issues raised in the petition (see, Town Law § 274-a [11]; see also, Matter of KiddKott Constr. Co. v Lillis, 124 AD2d 996, 997 ). We therefore remit the matter to Supreme Court for disposition on the merits. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Monroe County, Bergin, J.) Present—Green, J. P., Law-ton, Callahan, Doerr and Balio, JJ.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6019654. Public record. Not legal advice.