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MATTER OF FUSARO v. ZIEMBA

46 A.D.2d 688 (1974)

In the Matter of Dominick Fusaro et al., Respondents, v. Walter J. Ziemba et al., Constituting The Planning Board of the Town of Greenburgh, Appellants

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

October 28, 1974

Judgment affirmed, without costs.

The issue presented is the timeliness of the Planning Board's decision upon the application for approval of the subdivision plat. According to a letter by the planning board to petitioners, dated October 1, 1973, the decision was made at a regular meeting of the planning board on September 17, 1973, but the meeting minutes show the meeting was held on September 19, 1973. Special Term determined that the decision was made at an executive...

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