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.