Nyack Hospital v. Village of Nyack Planning Board

OPINION OF THE COURT

Howard Miller, J.

The motion by plaintiff for summary judgment is denied and the cross motion by defendant for summary judgment granted. Defendant is entitled to judgment dismissing the complaint and declaring that Village Law § 7-725-a (7) does not provide for site plan approval by default, and that plaintiff’s applica*258tion for site plan approval was not deemed granted by operation of law.

Plaintiff alleges it was granted preliminary site plan approval by defendant on March 6, 1995 (although defendant disputes that fact). Plaintiff thereafter wrote to defendant on August 1,…