Opinion
2005-00439.
May 23, 2006.
In a proceeding pursuant to CPLR article 78 to compel Marietta Seaman, as the Town Clerk of the Town of Southampton, to issue a certificate evincing approval of a preliminary subdivision plat pursuant to Town Law § 276 (8), the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Loughlin, J.), entered November 17, 2004, which denied the petition and dismissed the proceeding.
Esseks, Hefter Angel, Riverhead, N.Y. (William Power Maloney and Lisa J. Ross of counsel), for appellants.
Garrett W. Swenson, Jr., Town Attorney (Farrell Fritz, P.C., Uniondale, N.Y. [John M. Armentano] of counsel), for respondents.
Before: Miller, J.P., Rivera, Skelos and Lifson, JJ., concur.
Ordered that the judgment is affirmed, with costs.
Under the circumstances, the petitioners were not entitled to a certificate evincing approval of a preliminary subdivision plat pursuant to Town Law § 276 (8) ( see Town Law § 276 [d] [i], [ii], [iii] [2]).