Matter of Ellington Constr. Corp. v. Zoning Bd. of Appeals of the Inc. Vil. of New Hempstead

In Matter of Ellington Constr. Corp. v. Zoning Bd. of Appeals of the Inc. Vil. of New Hempstead. 77 NY2d 114 (1990), the issue involved the application of Village Law 7-708(2). which establishes an exemption period of three years after the filing of a subdivision map during which new-zoning amendments that increase lot area or dimension requirements shall not be applicable (see also Town Law 265-a and General City Law 83-a). There, the owner of an approved and filed subdivision look sufficient steps toward completion of the entire, subdivision before the exemption period expired and was found to have acquired common-law vested rights. However, the statute and the holding from the Court of Appeals require a subdivision plat that has been duly approved by a planning board.