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GOLDEN v. PLANNING BD. OF RAMAPO

30 N.Y.2d 359 (1972)

In the Matter of Ruth Golden et al., Respondents, v. Planning Board of the Town of Ramapo et al., Appellants. Rockland County Builders Association, Inc. et al., Respondents, v. John McAlevey et al., Constituting the Town Board of the Town of Ramapo, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 3, 1972.

Attorney(s) appearing for the Case

Robert H. Freilich and Max Mason for appellants.

David Coral and Reuben Ortenberg for respondents in the above-entitled proceeding.

David W. Silverman for respondents in the above-entitled action.

Chief Judge FULD and Judges BURKE, BERGAN and GIBSON concur with Judge SCILEPPI; Judge BREITEL dissents and votes to affirm in a separate opinion in which Judge JASEN concurs.

SCILEPPI, J.

Both cases arise out of the 1969 amendments to the Town of Ramapo's Zoning Ordinance. In Golden, petitioners, the owner of record and contract vendee, by way of a proceeding pursuant to CPLR article 78 sought an order reviewing and annulling a decision and determination of the Planning Board of the Town of Ramapo which denied their application for preliminary approval of a residential subdivision...

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