Fishman v. Arnzen

In this article 78 CPLR proceeding petitioners Fishman and Haskell apply for an order directing respondent Arnzen, Town Clerk of the Town of Brookhaven, to issue his certificate pursuant to subdivision 4 of section 276 of the Town Law.

On June 6, 1966 petitioners filed their application for final approval of a subdivision plat with the Planning Board. When the silence became unbearable they insisted, by writing dated September 16, 1966, that a public hearing before the board take place for final approval of the plat. The Planning Board refused to hold the hearing on October 10 as demanded,…