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In the Matter of RUSSELL OAKS, INC., Appellant, v. PLANNING BOARD OF THE INCORPORATED VILLAGE OF RUSSELL GARDENS et al., Respondents.

Order affirmed, without costs. Petitioner is free to submit its application to the Village Board of Trustees. In the event that that body refuses to act on the application pursuant to sections 145 and 146 of the Village Law or engages in other dilatory tactics, petitioner will be free to compel the trustees to act.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.

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MATTER OF RUSSELL OAKS, INC. v. PLANNING BD. INC
(Feb 14, 1968)