Opinion
May 11, 1998
Appeal from the Supreme Court, Nassau County (Feuerstein, J.).
Ordered that the order and judgment is modified, on the law, by deleting the provision thereof which declared Local Laws, 1997, No. 1 of the Town of Oyster Bay invalid and unenforceable and substituting therefor a provision declaring Local Laws, 1997, No. 1 of the Town of Oyster Bay valid and enforceable; as so modified, the order and judgment is affirmed insofar as appealed from, without costs or disbursements.
Local Laws, 1997, No. 1 of the Town of Oyster Bay (hereinafter Local Law 1-97) did not differ substantially from Local Laws, 1996, No. 4 of the Town of Oyster Bay which had been approved by the Town Board of the Town of Oyster Bay (hereinafter the Town) and the Nassau County Planning Commission after notice and a public hearing. Under the circumstances of this case, the Town was not required to provide new notice, to hold a new public hearing, or to submit proposed Local Law 1-97 to the Nassau County Planning Commission prior to its adoption (see, Marcus v. Incorporated Vil. of Spring Val., 24 A.D.2d 1021; Iannarone v. Caso, 59 Misc.2d 212, affd 33 A.D.2d 658). Therefore, the Supreme Court erred in determining that it was invalid and unenforceable.
However, we agree with the Supreme Court that the Town's refusal to review Joseph Caruso's building permit application was in bad faith and an attempt to delay the granting of the permit until the change in zoning had been enacted ( see, Matter of Pokoik v. Silsdorf, 40 N.Y.2d 769). Accordingly, it was proper for the Supreme Court to direct the Town to review his application pursuant to the zoning criteria which applied when he filed his original application.
Thompson, J.P., Krausman, Goldstein and Luciano, JJ., concur.