Thurman v. Snowden

Petitioners move for an order under article 78 of the CPLR to direct the respondent to issue a certificate pursuant to section 276 of the Town Law. It is urged that by virtue of the Planning Board’s failure either to approve or disapprove, the petitioners’ plat, the self-executing, mandatory approval prescribed by the statute became operative.

*133Section 276 (subd. 4) of the Town Law specifically provides that a public hearing be held by the Planning Board within 30 days after submission of such plat for approval. Thereafter, a town has 45 days within which to approve or disapprove. It i s then…