Fishman v. Arnzen

In a proceeding pursuant to article 78 of the CPLR to compel respondent to issue a certificate of approval of petitioners’ subdivision plat, petitioners appeal from so much of a judgment of the Supreme Court, Suffolk County, dated April 7, 1967, as upon reargument denied their petition and directed respondent to schedule a hearing upon the plat and to notify petitioners of the hearing date. Judgment reversed insofar as appealed from, on the law and the facts, with costs to appellants; in accordance, the third and fourth decretal paragraphs are struck out; petition granted; and respondent is…