Allmendinger v. Ziegner

Appellate Division of the Supreme Court of New York

Allmendinger v. Ziegner

62 A.D.2d 1053, 405 N.Y.S.2d 269, 1978 N.Y. App. Div. LEXIS 11141

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

DecidedApril 24, 1978

StatusPublished

Cited by2 cases

This text of 62 A.D.2d 1053 (Allmendinger v. Ziegner) 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

Allmendinger v. Ziegner, 62 A.D.2d 1053, 405 N.Y.S.2d 269, 1978 N.Y. App. Div. LEXIS 11141 (N.Y. Ct. App. 1978).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Zoning Board of Appeals of the Town of Babylon,- which granted a special use permit to the intervenor-respondent, petitioners appeal from a judgment of the Supreme Court, Suffolk County, dated September 8, 1977, which dismissed the petition for failure to state a cause of action. Judgment affirmed, without costs or disbursements. It was not necessary for the intervenor to have applied to the zoning board of appeals for a special use permit. Therefore, the board’s action in granting the permit need not be reviewed and the petition was properly dismissed (see Matter of De Masco Scrap Iron & Metal Corp. v Zirk, 62 AD2d 92). Mollen, P. J., Shapiro and Hawkins, JJ., concur; Suozzi, J., dissents and votes to reverse the judgment and grant the petition, in accordance with the views set forth in his dissenting opinion in Matter of De Masco Scrap Iron & Metal Corp. v Zirk (62 AD2d 92).

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Zoning Board of Appeals of the Town of Babylon,- which granted a special use permit to the intervenor-respondent, petitioners appeal from a judgment of the Supreme Court, Suffolk County, dated September 8, 1977, which dismissed the petition for failure to state a cause of action. Judgment affirmed, without costs or disbursements. It was not necessary for the intervenor to have applied to the zoning board of appeals for a special use permit. Therefore, the board’s action in granting the permit need not be reviewed and the petition was properly dismissed (see Matter of De Masco Scrap Iron & Metal Corp. v Zirk, 62 AD2d 92). Mollen, P. J., Shapiro and Hawkins, JJ., concur; Suozzi, J., dissents and votes to reverse the judgment and grant the petition, in accordance with the views set forth in his dissenting opinion in Matter of De Masco Scrap Iron & Metal Corp. v Zirk (62 AD2d 92).

Cite This Page — Counsel Stack

Bluebook (online)

62 A.D.2d 1053, 405 N.Y.S.2d 269, 1978 N.Y. App. Div. LEXIS 11141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allmendinger-v-ziegner-nyappdiv-1978.

Opinion

Related

Cite This Page — Counsel Stack