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In the Matter of SHAHDOKHT ABRISHAMI et al., Appellants, v. BOARD OF TRUSTEES OF INCORPORATED VILLAGE OF EAST HILLS et al., Respondents.

Ordered that the judgment is affirmed, with costs.

The petitioners argue that since Local Law No. 1 (2003) of the Incorporated Village of East Hills was not referred to the Nassau County Planning Commission as required by General Municipal Law § 239-m, it was invalid.

However, the respondents submitted evidence that it complied with this condition precedent ( see General Municipal Law § 239-m [d]). Therefore, its determination should not be annulled on that basis ( see Matter of Spiliotes v. Trotta, 288 AD2d 315). Moreover, the notice of the public hearing was not defective ( see Village Law § 7-706; Matter of Cellular Tel. Co. v. Meyer, 200 AD2d 743; Fairris v. Town of Washington Planning Bd., 167 AD2d 368, 370).

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IN THE MATTER OF ABRISHAMI v. BD. OF TRUSTEES
(Mar 7, 2005)