(DOWNLOAD) "Matter John N. Prudenti v. Town Board Town Brookhaven" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Matter John N. Prudenti v. Town Board Town Brookhaven
- Author : Supreme Court of New York
- Release Date : January 21, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
DECISION & ORDER The question presented before us is whether the Chief Building Inspector is stayed from entertaining the subject applications for building permits while the underlying decision of the Planning Board of the Town of Brookhaven, granting plat approval, is being challenged. We hold that the Chief Building Inspector is so stayed. Town Law ? 282 provides in pertinent part that, ""any person * * * aggrieved by any decision of the planning board concerning such plat * * * may have the decision reviewed by a special term of the supreme court in the manner provided by article seventy-eight of the civil practice law and rules * * * Commencement of the proceeding shall stay proceedings upon the decision appealed from"" (emphasis added). The appellant commenced such a proceeding pursuant to CPLR article 78 against the Planning Board of the Town of Brookhaven, alleging in part that the planning board improperly granted plat approval to the petitioner herein. After the commencement of the intervenor's proceeding, the petitioner applied for building permits. The Chief Building Inspector of the Town of Brookhaven refused to entertain those applications, citing the stay provision of Town Law ? 282. In a memorandum decision, the Supreme Court held that the granting or denying of a building permit was a ministerial duty and that the performance of such duties did not constitute ""proceedings upon the decision [granting plat approval] appealed from"". It thus concluded that Town Law ? 282 did not operate to stay the Chief Building Inspector from entertaining the building permit applications.
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