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MATTER OF NICKART REALTY CORP., res, v. SOUTHOLD TOWN PLANNING BOARD ap — (INDEX NO. 29029/10)William D. Moore, Southold, N.Y., for respondent.

In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a resolution of the Southold Town Planning Board dated July 12, 2010, which conditionally granted final plat approval for a two-lot subdivision, and action for a judgment declaring that the relevant provisions of chapter 117 of the Code of the Town of Southold, as applied, are illegal, contrary to public policy, and void, the respondents/defendants, Southold Town Planning Board and Southold Town Board, appeal from a judgment of the Supreme Court, Suffolk County (Asher, J.), dated September 13, 2011, which, upon a decision of the same court dated June 30, 2011, granted the petition to the extent of annulling so much of the resolution as conditioned final plat approval on either proof of compliance with chapter 117 of the Code of the Town of Southold, referable to the transfer of sanitary-flowcredit development rights, or approval by the Suffolk County Department of Health Services for the two-lot subdivision that is not dependent on a transfer of a sanitary flow credit.

 
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