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IN THE MATTER OF BLAKE v. PLANNING BOARD OF TOWN OF PHILIPSTOWN

21 A.D.3d 486 (2005)

799 N.Y.S.2d 746

In the Matter of WING BLAKE et al., Appellants, v. PLANNING BOARD OF TOWN OF PHILIPSTOWN et al., Respondents.

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

August 15, 2005.

Ordered that the judgment is affirmed, with costs.

The Planning Board of the Town of Philipstown (hereinafter the Planning Board) interpreted the Town's Open Development Area regulations as authorizing it to exercise discretion in approving subdivision applications that would result in an existing private right-of-way being accessed by more than four lots (see Town of Philipstown Code § 112-34 [A] [1] [d]; &...

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