Opinion
January 13, 1986
Appeal from the Supreme Court, Nassau County (Kelly, J.).
Order affirmed, with one bill of costs.
The case law interpreting the statutory provision at issue here, Village Law § 7-728, as well as the similar provision found in Town Law § 276, makes clear that where the only objection to certification is the plat's failure to comply with zoning ordinances, a plat submitted for final approval is nonetheless entitled to a certificate deeming it approved by default, as a matter of law, if it is not acted upon within the statutorily prescribed time limits (see, Matter of Northern Operating Corp. v Chamberlain, 34 A.D.2d 686, affd 31 N.Y.2d 704; Matter of Fishman v Arnzen, 29 A.D.2d 954; Matter of Scarsdale Meadows v Smith, 20 A.D.2d 906; see also, Matter of Sun Beach Real Estate Dev. Corp. v Anderson, 98 A.D.2d 367, 369, affd 62 N.Y.2d 965). Gibbons, J.P., Thompson, Brown and Eiber, JJ., concur.