Robert Kapson Enterprises v. Planning Board of Inc. Village of Amityville

In a proceeding pursuant to CPLR article 78 to review a "purported” *797determination of the Planning Board of the Incorporated Village of Amity-ville which denied petitioner’s application for approval of a subdivision plat, and for a determination that the board had failed to act within the appropriate time limitation, the appeal is from a judgment of the Supreme Court, Suffolk County, entered January 23, 1978, which, upon determining that the tie vote of the planning board was "tantamount to inaction” and that "the application must be deemed approved,” inter alia, (1) annulled the determination…