Wallberg v. Planning Board of Town of Pound Ridge
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 appellant to grant petitioner’s application for final subdivision approval, the appeal is from an order of the Supreme Court, Westchester County (Ingrassia, J.), dated October 5, 1984, which granted the petition.
Judgment affirmed, with costs.
Because the appellant Planning Board failed to take any action on petitioner’s application for plat approval within 45 days, as is required by Town Law § 276 (4), the application must be deemed approved (see, Matter of Pekar v Town of Veteran Planning Bd., 58 AD2d 703; Matter of Fusaro v Ziemba, 46…
2Cases cited6 opinions
- 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
- Pekar v. Town of Veteran Planning BoardAppellate Division of the Supreme Court of the State of New York · 1977
- Fishman v. ArnzenAppellate Division of the Supreme Court of the State of New York · 1968
- Castle Estates, Inc. v. HubbardNew York Supreme Court · 1967
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- King v. ChmielewskiNew York Court of Appeals · 1990
- Salvatore v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1988
- Fairris v. Town of Washington Planning BoardAppellate Division of the Supreme Court of the State of New York · 1990
- Friends Academy v. Superintendent of Division of Building of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1987
- Friends Academy v. Superintendent of the Division of BuildingNew York Supreme Court · 1986
2 more not listed; retrieve them via the Exa API.