CL & F Development, LLC v. Jaros

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking “default approval” for a proposed cul-de-sac subdivision in the Town of Amherst (Town). Petitioner applied for final plat approval for the subdivision from the Town Planning Board (Planning Board). Based upon the Planning Board’s alleged failure to act upon that application within the time limits set forth in Town Law § 276 and section 5-4 of the Town’s Subdivision Regulations, petitioner sought a “Certificate of Default Approval” from respondent. On that same day, the Planning Board denied petitioner’s application for…