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HONESS 52 CORP. v. WIDHOLT

176 Misc.2d 57 (1998)

672 N.Y.S.2d 237

In the Matter of Honess 52 Corp., Petitioner, v. Eloise Widholt, as Town Clerk of the Town of Fishkill, et al., Respondents.

Supreme Court, Dutchess County.

March 11, 1998.

Attorney(s) appearing for the Case

Cuddy & Feder & Worby, White Plains, for petitioner. Van DeWater & Van DeWater, Poughkeepsie, for respondents.

JUDITH A. HILLERY, J.

Petitioner, Honess 52 Corp., commenced this CPLR article 78 proceeding to obtain an order directing respondent, Eloise Widholt, the Town Clerk of the Town of Fishkill, to issue petitioner a certificate for default approval of petitioner's preliminary plat pursuant to Town Law § 276 (8) due to respondent Planning Board of the Town of Fishkill's failure to act on petitioner's application...

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