Concordia Collegiate Institute v. Duke

In a proceeding pursuant to CPLR article 78, the respondents and the interveners therein appeal from so much of a judgment of the Supreme Court, Westchester County, entered March 1, 1966, as (a) modified a decision and order of the appellant Planning Commission and (b) directed the appellant Village Clerk and Administrator to issue to petitioner a certificate that the Planning Commission had failed to act on petitioner’s site plan within 45 days after filing of the plan. Judgment affirmed insofar as appealed from, with one bill of costs, payable jointly by appellants filing separate briefs.…