Legal Opinion
Thomas v. Brookins
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 1991PublishedCited by 7 opinions
1Opinion of the Court
— Judgment unanimously reversed on the *620law without costs and petition dismissed. Memorandum: The court erred in annulling the Planning Board’s determination. Whether to approve or disapprove petitioners’ subdivision proposal was within the discretion of the Planning Board (Town Law §§ 270, 277; see, Matter of Currier v Planning Bd., 74 AD2d 872, affd 52 NY2d 722). Judicial review of the Planning Board’s determination (see, Town Law § 274-a [3]; CPLR 7803) is limited to the issue of whether it is illegal or arbitrary and capricious (Matter of Heller v Kabcenell, 126 AD2d 728). The reviewing…
2Cases cited3 opinions
- Currier v. Planning Board of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1980
- Matter of Currier v. Planning Bd. of the Town of HuntingtonNew York Court of Appeals · 1980
- Heller v. KabcenellAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by7 opinions
- Honess 52 Corp. v. Town of FishkillDistrict Court, S.D. New York · 1998
- M & M Partnership v. SweenorAppellate Division of the Supreme Court of the State of New York · 1994
- Cedarwood Land Planning v. Town of SchodackDistrict Court, N.D. New York · 1997
- Sheer Pleasure Lingerie, Inc. v. Town of Colonie Planning BoardAppellate Division of the Supreme Court of the State of New York · 1998
- Razzano v. Planning Board of the Town of North ElbaAppellate Division of the Supreme Court of the State of New York · 1996
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