Matter Shirley Pekar v. Town Veteran Planning Board Et Al‪.‬

[58 A.D.2d 703 Page 703] Appeal from a judgment of the Supreme Court at Special Term, entered April 13, 1976 in Chemung County, which, in a proceeding pursuant to CPLR article 78, granted petitioner's application and directed the Town Clerk of the Town of Veteran to issue a certificate for the final plat plan of petitioner's subdivision stating that the subdivision is deemed approved. Pursuant to regulations adopted by the town board, the appellant planning board required that petitioner's final plat plan be accompanied by a statement from the town highway superintendent that the roads and other improvements have his approval and meet with his specifications. Petitioner commenced an article 78 proceeding [58 A.D.2d 703 Page 704]