Judgment reversed, on the law, with costs, and proceeding dismissed on the merits.
Town Law § 276 (3) states that a preliminary plat is deemed approved if a planning board fails to hold a public hearing within 45 days after the receipt of such preliminary plat by the clerk of the planning board. In this case, the 45-day period began to run on June 9, 1982, the date on which the petitioner's draft environmental impact statement was accepted by the Planning Board...
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