Tauber v. Planning Board

Appellate Division of the Supreme Court of New York

Tauber v. Planning Board

55 A.D.2d 620, 389 N.Y.S.2d 413, 1976 N.Y. App. Div. LEXIS 15350

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 13, 1976

StatusPublished

This text of 55 A.D.2d 620 (Tauber v. Planning Board) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tauber v. Planning Board, 55 A.D.2d 620, 389 N.Y.S.2d 413, 1976 N.Y. App. Div. LEXIS 15350 (N.Y. Ct. App. 1976).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Planning Board of the Town of Warwick, dated March 4, 1975, and made after a hearing, which denied petitioner’s application for final approval of a certain subdivision plan and to compel the board to grant such approval, petitioner appeals from a judgment of the Supreme Court, Orange County, entered February 13, 1976, which dismissed the proceeding. Judgment affirmed, with costs. Under the circumstances of this case, the board’s determination denying "minor subdivision” approval for failure to provide a written plan for drainage of ponded surface water on the property was not arbitrary or [621]*621capricious. Cohalan, Acting P. J., Hargett, Damiani, Rabin and Titone, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Planning Board of the Town of Warwick, dated March 4, 1975, and made after a hearing, which denied petitioner’s application for final approval of a certain subdivision plan and to compel the board to grant such approval, petitioner appeals from a judgment of the Supreme Court, Orange County, entered February 13, 1976, which dismissed the proceeding. Judgment affirmed, with costs. Under the circumstances of this case, the board’s determination denying "minor subdivision” approval for failure to provide a written plan for drainage of ponded surface water on the property was not arbitrary or [621]*621capricious. Cohalan, Acting P. J., Hargett, Damiani, Rabin and Titone, JJ., concur.

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Bluebook (online)

55 A.D.2d 620, 389 N.Y.S.2d 413, 1976 N.Y. App. Div. LEXIS 15350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tauber-v-planning-board-nyappdiv-1976.