# Lund v. Yorktown Planning Board

> Appellate Division of the Supreme Court of the State of New York · May 24, 1999 · 261 A.D.2d 622

URL: https://www.frixlaw.com/law-library/cases/6037255

## Case

- **Full name:** In the Matter of William Lund v. Yorktown Planning Board
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 24, 1999
- **Citations:** 261 A.D.2d 622; 688 N.Y.S.2d 917; 1999 N.Y. App. Div. LEXIS 5662
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6037255

## Opinion text

—In a proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the respondent to determine the petitioner’s purported application for site plan approval, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Silverman, J.), entered January 13, 1998, which upon, in effect, granting the respondent’s motion for renewal, vacated a prior judgment of the same court dated July 11, 1997, denied the petition, and dismissed the proceeding.
*623 Ordered that the judgment is affirmed, without costs or disbursements.
Under the circumstances of this case, the Supreme Court properly exercised its discretion, in effect, granted leave to renew, and upon renewal, properly vacated a prior judgment and dismissed the proceeding.
The petitioner’s remaining contentions are without merit. Bracken, J. P., Santucci, Friedmann and Florio, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6037255. Public record. Not legal advice.