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MTR. OF ALOYA v. PLANNING BD.

93 N.Y.2d 334 (1999)

712 N.E.2d 644

690 N.Y.S.2d 475

In the Matter of GIL ALOYA et al., Appellants, v. PLANNING BOARD OF THE TOWN OF STONY POINT, Respondent. In the Matter of GIL ALOYA et al., Appellants, v. PLANNING BOARD OF THE TOWN OF STONY POINT, Respondent.

Court of Appeals of the State of New York.

Decided April 29, 1999.

Attorney(s) appearing for the Case

Jacobowitz and Gubits, L. L. P., Walden (Larry Wolinsky and George Lithco of counsel), for appellants in the first and second above-entitled proceedings.

Frank J. Phillips, Town Attorney of Town of Stony Point, for respondent in the first and second above-entitled proceedings.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur; Judge ROSENBLATT taking no part.

OPINION OF THE COURT

Chief Judge KAYE.

Two questions are before us in this zoning dispute: first, whether a Town Planning Board "took action" within the meaning of the relevant statutes when it rejected petitioners' final subdivision application and second, if so, whether such action automatically extinguished preliminary plat approval. Both questions we answer in the affirmative.

Since 1990, petitioners...

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