Opinion
July 5, 1961
In an action for a judgment declaring illegal and void certain resolutions of the Planning Board of the Town of Huntington, which require, as a condition for its approval of a subdivision plot plan, that the plaintiff improve two public streets abutting its property, the plaintiff appeals from an order (erroneously described as an order and judgment) of the Supreme Court, Suffolk County, dated October 27, 1960, and entered October 28, 1960, granting defendants' motion to dismiss the complaint pursuant to rule 107 of the Rules of Civil Practice, on the ground that the alleged cause of action did not accrue within the time limited by law (Town Law, § 282) for the commencement of such an action. It is not disputed that the time to present a petition for court review pursuant to section 282 Town of the Town Law has expired. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P.J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.