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MTR SUN BEACH v. ANDERSON

98 A.D.2d 367 (1983)

In the Matter of Sun Beach Real Estate Development Corp., Respondent, v. Charles Anderson, as Town Clerk of The Town of East Hampton, et al., Appellants

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

December 27, 1983.

Attorney(s) appearing for the Case

Smith, Finkelstein, Lundberg, Crimmins & Yakaboski (Frank A. Isler of counsel), for appellants.

Esseks, Hefter, Cuddy & Angel (William W. Esseks and James Heffron of counsel), for respondent.

DAMIANI, J. P., THOMPSON and GULOTTA, JJ., concur.

LAZER, J.

Under the Town Law, a planning board which fails to act on a preliminary subdivision plat application within 45 days is deemed to have approved the preliminary plat (Town Law, § 276, subd 3). What we now decide is how that rigorous mandate for prompt action interacts with the State Environmental Quality Review Act (SEQRA) (ECL 8-0101 et seq.) requirement that an application for a permit

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