Kanaje Corp. v. Van Den Hende 33 A.D.2d 905

In a proceeding pursuant to article 78 of the CFLR, the Village of Pomona and certain of its officials appeal from a judgment of the Supreme Court, Rockland 'County, entered July 31,1969, which (a) directed the appellant Building Inspector to issue building permits for petitioner’s subdivision known as “Hungry Hollow Estates” and (b) enjoined the appellant Trustees of the Village of Pomona from directing said Building Inspector not to issue such permits. Judgment modified, on the law and the facts, by adding a provision thereto that petitioner is directed, pursuant to its consent, (1) to have aüy performance bonds now running to the Town of Haverstraw amended so as to include the Village of Pomona as an additional party for whose benefit the bonds shall be effective and (2) to deliver such bonds, as so amended, to said village within 10 days after entry of the order hereon. As so modified, judgment affirmed, with costs. The issues raised by appellants were previously raised by them in Matter of F. D. G. Constr. Corp. v. Van Den Hende (32 A D 2d 809) and were rejected by this court and by the Court of Appeals (25 N Y 2d 930). Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.