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MATTER OF SEELER v. PLANNING BD. OF THE TOWN OF EAST HAMPTON

53 A.D.2d 632 (1976)

In the Matter of David Seeler et al., Appellants-Respondents, v. Planning Board of the Town of East Hampton, Respondent-Appellant, and Green Maple Homes, Inc., Respondent

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

June 7, 1976

Judgment entered July 31, 1975 affirmed insofar as appealed from, and judgment entered March 26, 1976 affirmed, with one bill of costs jointly to respondent-appellant and respondent.

We hold that Special Term retained jurisdiction of the proceeding when it remanded the matter to the planning board for findings of fact; accordingly, petitioners were not required to commence a new article 78 proceeding to review these...

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