Black v. Board of Appeals of Inc.
This text of 33 A.D.2d 916 (Black v. Board of Appeals of Inc.) 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.
Opinion
In a proceeding pursuant to article 78 of the ‘CPLR to review respondent’s determination rendered November 18, 1968, which denied petitioners’ application for a use variance to allow certain residential lots to -be used as entrance and exit to an apartment complex, petitioners appeal from a judgment of the Supreme 'Court, Nassau County, entered May 23, .1969, which dismissed the proceeding. Judgment reversed, on the law, without costs, and proceeding remitted to the 'Special Term for review of respondents determination on the merits. Respondent has the power pursuant to section 50-149 of the Village of Westbury Amended Building Zone Ordinance to determine whether or not to grant a use variance with respect to substandard building plots in a residential area, for use as an entrance to and exit from an apartment house complex. The Special Term is required to review the findings of fact made by respondent.. Brennan, Acting P. J., Hopkins, Benjamin, Martuseello and Kleinfeld, JJ., concur.
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Cite This Page — Counsel Stack
33 A.D.2d 916, 308 N.Y.S.2d 302, 1970 N.Y. App. Div. LEXIS 5705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-board-of-appeals-of-inc-nyappdiv-1970.