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MATTER OF KING v. CHMIELEWSKI

76 N.Y.2d 182 (1990)

In the Matter of Henry S. King, Jr., et al., Appellants, v. Nita J. Chmielewski, as Town Clerk of the Town of Coeymans, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 12, 1990.

Attorney(s) appearing for the Case

Paul M. Whitaker and Deborah L. Hardick for appellants.

David J. Wukitsch for respondents.

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

KAYE, J.

This appeal, in an article 78 proceeding challenging a Town Planning Board's (the Board) denial of a subdivision application, turns on the timing of both petitioners' application and the Board's action. Petitioners urge, particularly, that the Board's failure to act for 45 days entitled them to approval by default under Town Law § 276 (4). We conclude that the Appellate Division order should be...

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