CARTER v. TOWN BD.


50 A.D.2d 426 (1976)

Donald Carter et al., Respondents, v. Town Board of the Town of Schuyler Falls et al., Appellants

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

January 22, 1976


Attorney(s) appearing for the Case

John T. Snell for appellants.

Neverett & Asadourian for respondents.

KANE, MAIN and LARKIN, JJ., concur with SWEENEY, J. P.; KOREMAN, J., dissents and votes to affirm in an opinion.


SWEENEY, J. P.

Petitioners are the owners of certain land in the Town of Schuyler Falls which they desire to develop for the purpose of locating a mobile home park. An application was filed by petitioners with the Town Board seeking approval of a subdivision plan for such park. The record reveals that petitioners were thereafter requested to submit the subdivision plan to the Town Planning Board; that, after a hearing,

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