Nyack Hospital v. Village of Nyack Planning Board

OPINION OF THE COURT

Howard Miller, J.

Motion by plaintiff is denied and cross motion by defendant, for summary judgment, is granted. Defendant is entitled to judgment dismissing the complaint and declaring that Village Law § 7-725-a (7) (now [8]) does not provide for site plan approval by default, and that plaintiffs application 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, 1995 seeking…