New York Court of Appeals, 1968

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

Russell Oaks, Inc. v. Planning Board of Incorporated Village
New York Court of Appeals · Decided July 2, 1968
22 N.Y.2d 877; 239 N.E.2d 920; 293 N.Y.S.2d 337; 1968 N.Y. LEXIS 1204

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

Opinion of the Court

Motion for reargument denied. Return of the remittitur is requested and, when returned, it will be amended to read as follows: Order affirmed, without costs. Petitioner is free to submit its application to the Village Board of Trustees pursuant to the applicable provisions of the Village Law. In the event that that body refuses to act on the application or engages in other dilatory tactics, petitioner will be free to compel the trustees to act. [See 21 N Y 2d 784.]

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