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Russell Oaks, Inc. v. Planning Board of Inc. Village of Russell Gardens

21 N.Y.2d 784 Court N.Y. Decision date 1968-02-14 English

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p. 784
In the Matter of Russell Oaks, Inc., Appellant, v. Planning Board of the Incorporated Village of Russell Gardens et al., Respondents.
Argued January 18, 1968;
decided February 14, 1968.
p. 785
G. Ellis Schiffmacher and James T. Rockford for appellant.
Irving Levine for respondents.

Order affirmed, without costs. Petitioner is free to submit its application to the Village Board of Trustees. In the event that that body refuses to act on the application pursuant to sections 145 and 146 of the Village Law or engages in other dilatory tactics, petitioner will be free to compel the trustees to act.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.