Legal Opinion
King v. Chmielewski
New York Court of Appeals
Decided June 12, 1990PublishedCited by 31 opinions
1Opinion of the Court
*185OPINION OF THE COURT
Kaye, J.
This appeal, in an article 78 proceeding challenging a Town Planning Board’s (the Board) denial of a subdivision application, turns on the timing of both petitioners’ application and the Board’s action. Petitioners urge, particularly, that the Board’s failure to act for 45 days entitled them to approval by default under Town Law § 276 (4). We conclude that the Appellate Division order should be affirmed because the petition was time barred in part and lacks merit as to the balance.
The significant events all transpired between September and December 1987.…
2Cases cited7 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
- Mack v. MendelsNew York Court of Appeals · 1928
- Pagliaroli v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1978
- Wallberg v. Planning Board of Town of Pound RidgeAppellate Division of the Supreme Court of the State of New York · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Long Island Pine Barrens Society, Inc. v. Planning Board of BrookhavenNew York Court of Appeals · 1991
- Lord Day & Lord v. Socialist Republic of VietnamDistrict Court, S.D. New York · 2001
- McCarthy v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2001
- Shepherd v. MaddaloniAppellate Division of the Supreme Court of the State of New York · 2013
- Aloya v. Planning Board of Stony PointNew York Court of Appeals · 1999
26 more not listed; retrieve them via the Exa API.