Nickart Realty Corp. v. Southold Town Planning Board

In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a resolution of the Southold Town Planning Board dated July 12, 2010, which conditionally granted final plat approval for a two-lot subdivision, and action for a judgment declaring that the relevant provisions of chapter 117 of the Code of the Town of Southold, as applied, are illegal, contrary to public policy, and void, the respondents/defendants, Southold Town Planning Board and Southold Town Board, appeal from a judgment of the Supreme Court, Suffolk County (Asher, J.), dated September 13, 2011, which, upon a…