828 Astro Corp. v. Burke

Appellate Division of the Supreme Court of New York

828 Astro Corp. v. Burke

42 A.D.2d 741, 346 N.Y.S.2d 749, 1973 N.Y. App. Div. LEXIS 3736

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 16, 1973

StatusPublished

This text of 42 A.D.2d 741 (828 Astro Corp. v. Burke) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

828 Astro Corp. v. Burke, 42 A.D.2d 741, 346 N.Y.S.2d 749, 1973 N.Y. App. Div. LEXIS 3736 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR to review appellants’ determination, dated August 10, 1971, which denied petitioners’ application for a special use permit to erect 32 additional motel units to their existing motel premises, the appeal is from a judgment of the Supreme Court, Nassau County, entered October 26,1972, which (1) annulled the determination and (2) directed appellants to issue such permit. Judgment affirmed, without costs. No opinion. Martuscello, Acting P. J., Gulotta and Brennan, JJ., concur; Benjamin, J., dissents and votes tó reverse and to remand the matter to appellants, with the following memorandum: The matter should be remanded to Special Term to explore the basis for the findings made by appellants in denying the application.

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In a proceeding pursuant to article 78 of the CPLR to review appellants’ determination, dated August 10, 1971, which denied petitioners’ application for a special use permit to erect 32 additional motel units to their existing motel premises, the appeal is from a judgment of the Supreme Court, Nassau County, entered October 26,1972, which (1) annulled the determination and (2) directed appellants to issue such permit. Judgment affirmed, without costs. No opinion. Martuscello, Acting P. J., Gulotta and Brennan, JJ., concur; Benjamin, J., dissents and votes tó reverse and to remand the matter to appellants, with the following memorandum: The matter should be remanded to Special Term to explore the basis for the findings made by appellants in denying the application.

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Bluebook (online)

42 A.D.2d 741, 346 N.Y.S.2d 749, 1973 N.Y. App. Div. LEXIS 3736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/828-astro-corp-v-burke-nyappdiv-1973.