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  5. 38 N.Y.2d 958 (1976)
 

MATTER OF SQUICCIARINI v. PLANNING BD. OF THE TOWN OF CHESTER

38 N.Y.2d 958 (1976)

In the Matter of Martin Squicciarini et al., Respondents, v. Planning Board of the Town of Chester, Appellant.

Court of Appeals of the State of New York.

Decided March 23, 1976.

Attorney(s) appearing for the Case

John F. Meehan for appellant.

David L. Levinson and James R. Loeb for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG, and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The Zoning Law of the Town of Chester provides that "Failure of the Planning Board to take action on a special permitted use within 45 days of the public hearing shall be construed as authorization of such use by the Planning Board" (§ 5.1.2.4).

Petitioners applied for a special permit for excavation and removal of sand and gravel, and...

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