MATTER OF BOXER v. TOWN BD. OF THE TOWN OF CORTLANDT


60 A.D.2d 913 (1978)

In the Matter of Shelley Boxer, Individually and as President of Furnace Dock Condominium, et al., Respondents, v. Town Board of the Town of Cortlandt et al., Appellants

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

January 30, 1978


Judgment affirmed, with $50 costs and disbursements payable jointly by appellants, on the opinion of Mr. Justice Slifkin at Special Term.

We add that a fair reading of subdivision 3 of section 274-a of the Town Law, enacted in 1976, shows the intent to deprive the town board of appellate jurisdiction over site development plans upon which a town planning board has duly acted. Further, the "saving clause" (L 1976, ch 272, § 10), which preserved from impairment...

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