June 30, 2009
IN THE MATTER OF THOMAS ANDERSON, ET AL., APPELLANTS,
TOWN OF CHILI PLANNING BOARD AND METALICO ROCHESTER, INC., RESPONDENTS.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
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 ). Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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