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MATTER OF THURMAN v. SNOWDEN

28 A.D.2d 705 (1967)

In the Matter of Harold Thurman et al., Doing Business as E. Brown Associates, and Thurman Brown Corp., Respondents, v. Elaine H. Snowden, as Town Clerk of The Town of Wappinger, Appellant

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

June 19, 1967

Judgment reversed, on the law, with $10 costs and disbursements, and proceeding dismissed on the merits.

In our opinion, the facts of this case, wherein petitioners applied for site plan approval, fall within the provisions of section 274 of the Town Law, and not section 276 of the Town Law, the latter of which sections involves subdivision plats (Matter of Cedar Lane Hgts. Corp. v. Marotta, 17 A.D.2d 651). Despite the failure...

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