MATTER OF MARX v. PLANNING BD. OF THE VILL. OF MILL NECK


185 A.D.2d 348 (1992)

In the Matter of Roland Marx, et al., Respondents, v. Planning Board of the Village of Mill Neck, Appellant

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

July 27, 1992


Ordered that the judgment is reversed, on the law, with costs, and the proceeding is dismissed.

In November of 1979 the appellant Planning Board of the Village of Mill Neck granted subdivision approval to Cuales Enterprises, Inc., the petitioners' predecessor in interest, in connection with the latter's plan to subdivide a 10.1-acre parcel located in a residential zone into two parcels of nearly equal size. As a condition to the granting of the subdivision application...

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