Home/Appellate Division of the Supreme Court of New York/Bosico v. Mertzel

Bosico v. Mertzel

71 A.D.2d 637, 418 N.Y.S.2d 784, 1979 N.Y. App. Div. LEXIS 12859
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 16, 1979
StatusPublished

This text of 71 A.D.2d 637 (Bosico v. Mertzel) 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
Bosico v. Mertzel, 71 A.D.2d 637, 418 N.Y.S.2d 784, 1979 N.Y. App. Div. LEXIS 12859 (N.Y. Ct. App. 1979).

Opinions

—In a proceeding pursuant to CPLR article 78, which Special Term converted into an action to declare the acts of the respondents, in adopting two zoning changes, null and void, petitioners appeal from a judgment of the Supreme Court, Rockland County, entered April 13, 1978, which dismissed the petition. Judgment reversed, on the law, with $50 costs and disbursements, and it is declared that the acts of the respondents in adopting the two zoning changes in question are null and void. The record indicates that the applicants who sought the zoning changes were not the owners of the properties in question. Furthermore, the record is devoid of any indication that the applicants were authorized to seek the zoning changes. Under such circumstances, the village board of trustees did not have jurisdiction to entertain the applications (see Matter of Hoerner v Tormey, 24 AD2d 597). Suozzi, J. P., O’Connor and Gulotta, JJ., concur.

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

Related

Mabie v. Fuller
174 N.E. 450 (New York Court of Appeals, 1931)
Town of Greece v. Smith
256 A.D. 886 (Appellate Division of the Supreme Court of New York, 1939)
Fox v. Adams
206 Misc. 236 (New York Supreme Court, 1954)
Blatnicky v. Ciancimino
206 Misc. 916 (New York Supreme Court, 1954)
Blatnicky v. Ciancimino
142 N.E.2d 211 (New York Court of Appeals, 1957)
Blatnicky v. Ciancimino
1 A.D.2d 383 (Appellate Division of the Supreme Court of New York, 1956)
Tarrant v. Incorporated Village of Roslyn
10 A.D.2d 37 (Appellate Division of the Supreme Court of New York, 1960)
People ex rel. Makin v. Walter
22 A.D.2d 497 (Appellate Division of the Supreme Court of New York, 1965)
Hoerner v. Tormey
24 A.D.2d 597 (Appellate Division of the Supreme Court of New York, 1965)
Glazer v. Hankin
50 A.D.2d 924 (Appellate Division of the Supreme Court of New York, 1975)
Moses v. Woodbury
54 A.D.2d 961 (Appellate Division of the Supreme Court of New York, 1976)
Tarrant v. Incorporated Village of Roslyn
19 Misc. 2d 238 (New York Supreme Court, 1959)
Bachety v. Volz
65 Misc. 2d 176 (New York Supreme Court, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
71 A.D.2d 637, 418 N.Y.S.2d 784, 1979 N.Y. App. Div. LEXIS 12859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bosico-v-mertzel-nyappdiv-1979.