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MTR. OF SMITHTOWN v. HOWELL

31 N.Y.2d 365 (1972)

In the Matter of the Town of Smithtown, Respondent, v. Ralph D. Howell, Sr. et al., Constituting the Suffolk County Planning Commission, Appellants. In the Matter of Stanley Weisz Respondent, v. Ralph D. Howell, Sr. et al., Constituting the Suffolk County Planning Commission, Appellants.

Court of Appeals of the State of New York.

Decided December 6, 1972.

Attorney(s) appearing for the Case

George W. Percy, Jr., County Attorney (Louis Lauer and Melvyn Tanenbaum of counsel), for appellants.

J. Milfred Hull and Michael K. Grundfast for the Town of Smithtown, respondent.

George Weisz and Stephen L. Cohen for Stanley Weisz, respondent.

Murray M. Jaros and William E. Redmond for New York State Office for Local Government, amicus curiae.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur.

BREITEL, J.

In consolidated article 78 proceedings to annul disapproval by a county planning commission of a town zoning change, the county commission appeals. One issue is whether an amendment of the Suffolk County Charter may invest veto power over town zoning changes in a county-wide commission, thus superseding section 239-m of the General Municipal Law. Section 239-m provides for regional review of zoning...

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