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ELLINGTON CONSTR v. ZONING BD.

152 A.D.2d 365 (1989)

In the Matter of Ellington Construction Corp., Respondent, v. Zoning Board of Appeals of the Incorporated Village of New Hempstead, Appellant

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

December 13, 1989

Attorney(s) appearing for the Case

Doris F. Ulman, Village Attorney (Frank I. Brown of counsel), for appellant.

Tracy, Bertolino & Edwards (John S. Edwards of counsel), for respondent.

SPATT, J. P., SULLIVAN and HARWOOD, JJ., concur.

BALLETTA, J.

Town Law § 265-a and Village Law § 7-708 both provide, in identical language, that in a municipality with both a Zoning Board and a Planning Board authorized to approve subdivisions, where an amendment to a zoning ordinance increases required lot areas or lot dimensions to amounts in excess of those delineated on an approved and filed subdivision plat showing residential lots and one or...

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