MATTER OF ROTH v. FRIEDMAN


51 A.D.2d 728 (1976)

In the Matter of Joel Roth et al., Appellants, v. Arnold Friedman et al., Constituting The Planning Board of the Village of Pomona, Rockland County, Respondents, and 202-306 Co. Intervenor-Respondent

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

February 2, 1976


Appeal from the judgment dismissed as academic. The judgment was superseded by the order made on reargument. Order affirmed insofar as appealed from. Respondents appearing separately and filing separate briefs are awarded one bill of costs jointly to cover both appeals.

This court will not substitute its judgment for that of a planning board unless it finds that the board has abused its discretion or has acted arbitrarily or illegally (see Matter of Eckels v Murdock...

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