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

21 N.Y.2d 784 (1968)

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

Court of Appeals of the State of New York.

Decided February 14, 1968.

Attorney(s) appearing for the Case

C. Ellis Schiffmacher and James T. Rochford for appellant.

Irving Levine for respondents.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.

Order affirmed, without costs. Petitioner is free to submit its application to the Village Board of Trustees. In the event that that body refuses to act on the application pursuant to sections 145 and 146 of the Village Law or engages in other dilatory tactics, petitioner will be free to compel the trustees...

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