MTR OF SPINOSA v. ACKERMAN


98 Misc.2d 1073 (1979)

In the Matter of Thomas Spinosa et al., Petitioners, v. Charles Ackerman, as Director of Public Works of the Town of Penfield, et al., Respondents.

Supreme Court, Monroe County.

March 28, 1979


Attorney(s) appearing for the Case

Robert P. Neilon for petitioners. Richard Kroll for Town of Penfield. Robinson, Williams & Angeloff for respondents.


ROBERT H. WAGNER, J.

Two issues are presented for determination by the court. The first issue is whether the petitioners are time barred by section 274-a of the Town Law from taking an appeal from the decision of the planning board. The second issue is whether the Planning Board of the Town of Penfield, which has the sole power of final site plan approval, acted properly in approving the petitioners' final...

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