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MATTER OF DARSWAN, INC. v. CAPELLINI

69 A.D.2d 835 (1979)

In the Matter of Darswan, Inc., Respondent, v. Albert A. Capellini et al., Constituting The Town Board of the Town of Yorktown, Appellants, and Michael Bloom et al., Intervenors-Appellants

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

April 9, 1979

Judgment reversed, on the law, without costs or disbursements, and the petitioner is granted leave to submit a new site plan to the town board, either in accordance with the directions of the judgment or otherwise.

The town board shall approve or disapprove the revised site plan within 45 days after the submission thereof by the petitioner, subject to the continuing jurisdiction of Special Term by virtue of this proceeding...

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