ELLINGTON CONSTR v. ZONING BD


77 N.Y.2d 114 (1990)

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

Court of Appeals of the State of New York.

Decided December 20, 1990.


Attorney(s) appearing for the Case

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

John S. Edwards for respondent.

Barbara J. Samel for the New York State Conference of Mayors and Other Municipal Officials, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.


HANCOCK, JR., J.

For a village having both a Planning Board and a Zoning Board of Appeals, Village Law § 7-708 (2)1 establishes an exemption period of three years after the filing of a subdivision plat during which an amendment increasing lot area or dimension requirements shall not "be applicable to or in any way affect any of the...

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