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MATTER OF KAHN v. PLANNING BOARD OF CITY OF BUFFALO

60 A.D.3d 1451 (2009)

875 N.Y.S.2d 421

In the Matter of ARNOLD KAHN, Individually and as President of Park Lane Condominium, Appellant, v. PLANNING BOARD OF CITY OF BUFFALO et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 27, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination approving the site plan for the construction of a residential tower by respondent Uniland Development Company. The record establishes that petitioner did not argue to respondent Planning Board of City of Buffalo that it violated article 8 of the Environmental...

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