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IN THE MATTER OF M.K.A. REALTY, INC. v. GERVASI

17 A.D.3d 597 (2005)

793 N.Y.S.2d 503

In the Matter of M.K.A. REALTY, INC., Respondent, v. JEANNE GERVASI et al., Appellants.

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

April 15, 2005.

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly determined that the petitioner was entitled to approval of its final subdivision application, since the Planning Board of the Town of Wallkill failed to act within the appropriate time frame measured from the time that the petitioner timely filed its application for final approval (see Town Law § 276 [8]). Contrary to the appellant's contention, following...

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