Dune Associates, Inc. v. Anderson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a proceeding pursuant to CPLR article 78 to compel the appellants to issue a certificate pursuant to Town Law § 276 (3) giving preliminary plat approval to the map of "Benson Point”, the appeal is from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), dated May 5, 1983, which granted the petition.
Judgment reversed, on the law, with costs, and proceeding dismissed on the merits.
Town Law § 276 (3) states that a preliminary plat is deemed approved if a planning board fails to hold a public hearing within 45 days after the receipt of such preliminary plat by the clerk of the…
2Cases cited7 opinions
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Sun Beach Real Estate Development Corp. v. AndersonAppellate Division of the Supreme Court of the State of New York · 1983
- Beach Real Estate Development Corp. v. AndersonNew York Court of Appeals · 1984
- Dune Associates v. Town Board of East HamptonAppellate Division of the Supreme Court of the State of New York · 1983
- Di Stefano v. MillerAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by17 opinions
- Cellular Telephone Co. v. Village of TarrytownAppellate Division of the Supreme Court of the State of New York · 1995
- Turnpike Woods, Inc. v. Town of Stony PointNew York Court of Appeals · 1987
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- McDonald's Corp. v. Village of ElmsfordAppellate Division of the Supreme Court of the State of New York · 1989
- 119 Development Associates v. Village of IrvingtonAppellate Division of the Supreme Court of the State of New York · 1991
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