Legal Opinion

Sun Beach Real Estate Development Corp. v. Anderson

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 1983PublishedCited by 57 opinions

1Opinion of the Court

OPINION OF THE COURT

Lazer, J.

Under the Town Law, a planning board which fails to act on a preliminary subdivision plat application within 45 days is deemed to have approved the preliminary plat (Town Law, § 276, subd 3). What we now decide is how that rigorous mandate for prompt action interacts with the State Environmental Quality Review Act (SEQRA) (ECL 8-0101 et seq.) requirement that an application for a permit *368or authorization shall not be deemed complete until a draft environmental impact statement (DEIS) has been accepted by the agency principally responsible for the approval (ECL…

2Cases cited19 opinions

  1. Tri-County Taxpayers Ass'n v. Town Board of QueensburyNew York Court of Appeals · 1982
  2. Town of Henrietta v. Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1980
  3. Burger King, Inc. v. State Tax CommissionNew York Court of Appeals · 1980
  4. Glen Head — Glenwood Landing Civic Council, Inc. v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1982
  5. Lumpkin v. Department of Social ServicesNew York Court of Appeals · 1978

14 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
  2. Aldrich v. PattisonAppellate Division of the Supreme Court of the State of New York · 1985
  3. Beach Real Estate Development Corp. v. AndersonNew York Court of Appeals · 1984
  4. Kirk-Astor Drive Neighborhood Ass'n v. Town Board of Town of PittsfordAppellate Division of the Supreme Court of the State of New York · 1984
  5. Long Island Pine Barrens Society, Inc. v. Planning Board of BrookhavenNew York Court of Appeals · 1991

52 more not listed; retrieve them via the Exa API.

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