Fusaro v. Ziemba

In a proceeding pursuant to article 78 of the CPLR inter alia to annul a determination of the planning board of the Town of Greenburgh which denied petitioners’ application for approval of a subdivision of land, the planning board appeals from a judgment of the Supreme Court, Westchester County, dated December 31, 1973, which granted the application to the extent of vacating the “ alleged ” determination of the planning board, deeming petitioners’ final subdivision plat approved and directing the Town Clerk of the town to issue a certificate. Judgment affirmed, without costs. The issue…