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MATTER RUSSELL OAKS v. PLANNING BOARD INCORPORATED VILLAGE RUSSELL GARDENS ET AL. (07/02/68)

decided: July 2, 1968.

IN THE MATTER OF RUSSELL OAKS, INC., APPELLANT,
v.
PLANNING BOARD OF THE INCORPORATED VILLAGE OF RUSSELL GARDENS ET AL., RESPONDENTS



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.]

Disposition

Motion for reargument denied.

19680702

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