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MATTER OF TAYLOR TREE, INC. v. TOWN OF MONTGOMERY

251 A.D.2d 673 (1998)

676 N.Y.S.2d 190

In the Matter of Taylor Tree, Inc., Appellant, v. Town of Montgomery et al., Respondents

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

June 29, 1998

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Pursuant to Montgomery Town Code § 130-40-40.40, the failure of the Planning Board to take action on a special exception use permit within 45 days is to be construed as approval of the application. The petitioner contends that the Supreme Court erred in finding that the default approval provision was temporarily stayed during a moratorium imposed by Local Laws, 1995, No. 3 of the Town...

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