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MATTER OF TOWN OF SMITHTOWN v. HOWELL

38 A.D.2d 857 (1972)

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

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

February 28, 1972

Determination annulled, on the law, without costs.

The fact pattern herein is analogous to the situation in Matter of We're Assoc. Co. v. Bear (35 A.D.2d 846, affd. 28 N.Y.2d 981) wherein a county planning commission attempted to veto a town zoning change. It was there held that compliance with section 239-m of the General Municipal Law supersedes county charter provisions. We...

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