[Download] "Matter Ted Fishman Et Al. v. Edwin A. Arnzen" by Supreme Court of New York ~ Book PDF Kindle ePub Free

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eBook details

• Title: Matter Ted Fishman Et Al. v. Edwin A. Arnzen
• Author : Supreme Court of New York
• Release Date : January 08, 1968
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

In our opinion, it was error for the Planning Board to refuse to hold a public hearing on appellants' plat as submitted (cf. the definitions of ""preliminary plat"" and ""plat"" in subdivision 2 of section 276 of the Town Law). The proposed plat having been properly submitted for final approval (cf. Matter of Mahopac Isle v. Agar, 39 Misc. 2d 1), the Planning Board was required to hold a public hearing thereon within 30 days of its submission; and the failure of the board to hold such a hearing mandated that the Town Clerk issue a certificate of approval of the plat (Town Law, § 276, subd. 4; Matter of Scarsdale Meadows v. Smith, 20 A.D.2d 906; Matter of Levin v. Thornbury, 2 A.D.2d 774; Matter of Castle Estates v. Hubbard, 52 Misc. 2d 774). However, in making this determination, we are not passing on the effect of the nonconformity of the plan to the Zoning Ordinance.

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