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IN THE MATTER OF KEN MAR DEV., INC. v. DEPARTMENT OF PUB. WORKS OF CITY OF SARATOGA SPRINGS

504346.

2008 NY Slip Op 06497

IN THE MATTER OF KEN MAR DEVELOPMENT, INC., Respondent, v. DEPARTMENT OF PUBLIC WORKS OF THE CITY OF SARATOGA SPRINGS ET AL., Appellants.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 31, 2008.

Attorney(s) appearing for the Case

Rice & Amon, Suffern (Terry Rice of counsel), for appellants.

Michele L. Anderson, L.L.C., Saratoga Springs (Michele L. Anderson of counsel), for respondent.

Before: Spain, J.P., Lahtinen, Kane, Malone Jr. and Stein, JJ.

MEMORANDUM AND ORDER

STEIN, J.

Petitioner owns property in the City of Saratoga Springs, Saratoga County, which was subdivided into four lots by resolution of the City's Planning Board in 1997. Lots 1, 2 and 3 abut an improved street and have since been developed. Access to lot 4, however, is solely by means of an unimproved "paper street."1 The subdivision map approved by the City contains a note which provides that "[a]ccess...

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