Berger v. Board of Standards & Appeals

Appellate Division of the Supreme Court of New York

Berger v. Board of Standards & Appeals

277 A.D.2d 1142

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

DecidedDecember 18, 1950

StatusPublished

This text of 277 A.D.2d 1142 (Berger v. Board of Standards & Appeals) 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

Berger v. Board of Standards & Appeals, 277 A.D.2d 1142 (N.Y. Ct. App. 1950).

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Opinion

In- a proceeding to review a determination of the board of standards and appeals of the City of New York, denying respondent’s application for a variance of the provisions of the zoning resolution, order of the Special Term reversed on the law and the facts, with $50 costs and disbursements, the board’s motion to vacate the order of certiorari granted, and the board’s determination unanimously confirmed. The Special Term arrogated to itself the powers of the board. The determination of the board has support in the evidence; it is not arbitrary; and it may not and should not be disturbed. (Matter of Ernest v. Board of Appeals on Zoning of New Rochelle, 274 App. Div. 809.) But see Arverne Bay Constr. Co. v. Thatcher (278 N. Y. 222). Nolan, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.

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In- a proceeding to review a determination of the board of standards and appeals of the City of New York, denying respondent’s application for a variance of the provisions of the zoning resolution, order of the Special Term reversed on the law and the facts, with $50 costs and disbursements, the board’s motion to vacate the order of certiorari granted, and the board’s determination unanimously confirmed. The Special Term arrogated to itself the powers of the board. The determination of the board has support in the evidence; it is not arbitrary; and it may not and should not be disturbed. (Matter of Ernest v. Board of Appeals on Zoning of New Rochelle, 274 App. Div. 809.) But see Arverne Bay Constr. Co. v. Thatcher (278 N. Y. 222). Nolan, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.

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Bluebook (online)

277 A.D.2d 1142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berger-v-board-of-standards-appeals-nyappdiv-1950.

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