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MATTER OF THURMAN v. SNOWDEN

52 Misc.2d 132 (1966)

In the Matter of Harold Thurman et al., Doing Business as E. Brown Associates and Thurman Brown Corp., Petitioners, v. Elaine H. Snowden, as Town Cerk of the Town of Wappinger, Respondent.

Supreme Court, Dutchess County.

October 12, 1966

Attorney(s) appearing for the Case

Russell E. Aldrich for petitioners. Quinn & Reilly for respondent.

JOSEPH F. HAWKINS, J.

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.

Section 276 (subd. 4) of the Town Law...

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