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In the Matter of Abrishami v. Bd. of Trustees

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 2005
16 A.D.3d 410 (N.Y. App. Div. 2005)

Opinion

2003-09980.

March 7, 2005.

In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Board of Trustees of the Incorporated Village of East Hills, dated March 24, 2003, enacting Local Law No. 1 (2003) of the Incorporated Village of East Hills imposing a moratorium on residential subdivision reviews and approvals and an action for a judgment declaring that Local Law No. 1 (2003) of the Incorporated Village of East Hills is void and unenforceable, the appeal is from a judgment of the Supreme Court, Nassau County (Martin, J.), dated September 30, 2003, which, among other things, dismissed the proceeding and declared that Local Law No. 1 (2003) of the Incorporated Village of East Hills was valid and enforceable.

Before: Florio, J.P., Schmidt, Rivera and Lifson, JJ., concur.


Ordered that the judgment is affirmed, with costs.

The petitioners argue that since Local Law No. 1 (2003) of the Incorporated Village of East Hills was not referred to the Nassau County Planning Commission as required by General Municipal Law § 239-m, it was invalid.

However, the respondents submitted evidence that it complied with this condition precedent ( see General Municipal Law § 239-m [d]). Therefore, its determination should not be annulled on that basis ( see Matter of Spiliotes v. Trotta, 288 AD2d 315). Moreover, the notice of the public hearing was not defective ( see Village Law § 7-706; Matter of Cellular Tel. Co. v. Meyer, 200 AD2d 743; Fairris v. Town of Washington Planning Bd., 167 AD2d 368, 370).


Summaries of

In the Matter of Abrishami v. Bd. of Trustees

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 2005
16 A.D.3d 410 (N.Y. App. Div. 2005)
Case details for

In the Matter of Abrishami v. Bd. of Trustees

Case Details

Full title:In the Matter of SHAHDOKHT ABRISHAMI et al., Appellants, v. BOARD OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 7, 2005

Citations

16 A.D.3d 410 (N.Y. App. Div. 2005)
790 N.Y.S.2d 401

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