Opinion
December 9, 1985
Appeal from the Supreme Court, Westchester County (Ingrassia, J.).
Judgment affirmed, with costs.
Because the appellant Planning Board failed to take any action on petitioner's application for plat approval within 45 days, as is required by Town Law § 276 (4), the application must be deemed approved (see, Matter of Pekar v Town of Veteran Planning Bd., 58 A.D.2d 703; Matter of Fusaro v Ziemba, 46 A.D.2d 688; see also, Matter of Sun Beach Real Estate Dev. Corp. v Anderson, 98 A.D.2d 367, affd 62 N.Y.2d 965). Although the fact that the application may not have complied fully with the requirements of Town Law § 276 (2) (b) might, in an appropriate case, warrant a denial of the application, it does not justify a complete failure to act upon it (see, Matter of Fishman v Arnzen, 29 A.D.2d 954; Matter of Castle Estates v Hubbard, 52 Misc.2d 774). Contrary to the appellant Planning Board's contention, the 1972 amendments to Town Law § 276 (L 1972, ch 964) did not effect any change in this rule. Lazer, J.P., Thompson, O'Connor, Rubin and Kunzeman, JJ., concur.