New York Court of Appeals
In the Matter of the Town of Smithtown v. Ralph D. Howell, Sr., Constituting the Suffolk County Planning Commission…
December 6, 197231 N.Y.2d 365
Summary
The Court affirmed the Appellate Division's order annulling the Suffolk County Planning Commission's disapproval of a town zoning amendment because the commission failed to obtain the required two‑thirds vote of its entire membership. The Court held that the county charter amendment (Section 1330) validly confers veto power over zoning changes within 500 feet of a town or village boundary, but that power can be exercised only with a two‑thirds vote of the whole commission.