Castle Estates, Inc. v. Hubbard

Petitioner brings this proceeding under CPLR article 78 to compel the respondent Town Clerk of the Town of New Hartford, New York, to issue a certificate pursuant to subdivision 4 of section 276 of the Town Law approving the plat of Section 5, Castle Estates, Town of New Hartford, by reason of the failure of the Planning Board of the Town of New Hartford to take action on the application within the statutory time limit.

Petitioner is a real estate developer. Over a period of years, it has developed four other subdivisions contiguous to the area in dispute consisting of residential areas and a…