MATTER OF POPE v. DePOALA


176 A.D.2d 1017 (1991)

In the Matter of Virginia Pope, Appellant, v. Gabe DePoala et al., Constituting The Town of Saugerties Planning Board, Respondents

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

October 17, 1991


Casey, J. P.

Petitioner contends that, as a result of the failure of the Town of Saugerties Planning Board in Ulster County to act on her application for subdivision approval within 45 days after the public hearing, the application must be approved by default under Town Law § 276 (4). Supreme Court held that the 45-day period did not begin to run because petitioner's application was not complete. The petition was therefore dismissed, resulting in...

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