# Tauber v. Planning Board

> Appellate Division of the Supreme Court of the State of New York · December 13, 1976 · 55 A.D.2d 620

URL: https://www.frixlaw.com/law-library/cases/5811560

## Case

- **Full name:** In the Matter of Emil Tauber v. Planning Board of the Town of Warwick
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 13, 1976
- **Citations:** 55 A.D.2d 620; 389 N.Y.S.2d 413; 1976 N.Y. App. Div. LEXIS 15350
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5811560

## Opinion text

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Planning Board of the Town of Warwick, dated March 4, 1975, and made after a hearing, which denied petitioner’s application for final approval of a certain subdivision plan and to compel the board to grant such approval, petitioner appeals from a judgment of the Supreme Court, Orange County, entered February 13, 1976, which dismissed the proceeding. Judgment affirmed, with costs. Under the circumstances of this case, the board’s determination denying "minor subdivision” approval for failure to provide a written plan for drainage of ponded surface water on the property was not arbitrary or *621 capricious. Cohalan, Acting P. J., Hargett, Damiani, Rabin and Titone, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5811560. Public record. Not legal advice.