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IN THE MATTER OF CL & F DEV., LLC v. JAROS

57 A.D.3d 1468 (2008)

869 N.Y.S.2d 829

In the Matter of CL & F DEVELOPMENT, LLC, Appellant, v. SUSAN K. JAROS, as Town Clerk of Town of Amherst, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

December 31, 2008.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking "default approval" for a proposed cul-de-sac subdivision in the Town of Amherst (Town). Petitioner applied for final plat approval for the subdivision from the Town Planning Board (Planning Board). Based upon the Planning Board's alleged failure to act upon that application within the time limits set...

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