MATTER OF DI STEFANO v. MILLER

Order affirmed, with one bill of costs.

The case law interpreting the statutory provision at issue here, Village Law § 7-728, as well as the similar provision found in Town Law § 276, makes clear that where the only objection to certification is the plat's failure to comply with zoning ordinances, a plat submitted for final approval is nonetheless entitled to a certificate deeming it approved by default, as a matter of law, if it is not acted upon within the statutorily prescribed time limits (see, Matter of Northern Operating Corp. v Chamberlain, 34 A.D.2d 686, affd 31 N.Y.2d 704; Matter of Fishman v Arnzen, 29 A.D.2d 954; Matter of Scarsdale Meadows v Smith, 20 A.D.2d 906; see also, Matter of Sun Beach Real Estate Dev. Corp. v Anderson, 98 A.D.2d 367, 369, affd 62 N.Y.2d 965). Gibbons, J.P., Thompson, Brown and Eiber, JJ., concur.