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THOMAS v. BROOKINS

175 A.D.2d 619 (1991)

Tom Thomas et al., Respondents, v. James E. Brookins et al., Constituting The Planning Board of the Town of Greece, Appellants

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

July 12, 1991

Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

The court erred in annulling the Planning Board's determination. Whether to approve or disapprove petitioners' subdivision proposal was within the discretion of the Planning Board (Town Law §§ 270, 277; see, Matter of Currier v Planning Bd., 74 A.D.2d 872, affd...

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