MATTER OF RUSSELL OAKS, INC. v. PLANNING BD. OF THE INC. VILL. OF RUSSELL GARDENS


28 A.D.2d 569 (1967)

In the Matter of Russell Oaks, Inc., Respondent, v. Planning Board of the Incorporated Village of Russell Gardens et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 29, 1967


Findings of fact inconsistent herewith are reversed and new findings are made, as herein indicated. When petitioner submitted its application to appellants, the appellant Planning Board had been reduced, by reason of the expiration of the terms of members, to at most two members and therefore was incapable of taking legal action in response to petitioner's application for relief. Thereafter, on February 9, 1967, and after the entry of the judgment appealed from, the appellant...

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