Branche v. Board of Trustees

Appellate Division of the Supreme Court of New York

Branche v. Board of Trustees

6 A.D.2d 825, 176 N.Y.S.2d 394, 1958 N.Y. App. Div. LEXIS 5454

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

DecidedJune 23, 1958

StatusPublished

This text of 6 A.D.2d 825 (Branche v. Board of Trustees) 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

Branche v. Board of Trustees, 6 A.D.2d 825, 176 N.Y.S.2d 394, 1958 N.Y. App. Div. LEXIS 5454 (N.Y. Ct. App. 1958).

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Opinion

— Proceeding to review a determination of respondents which denied petitioner’s application for a building permit for the purpose of rebuilding a nonconforming structure damaged by fire. The proceeding was transferred to this court pursuant to section 1296 of the Civil Practice Act. Determination annulled, without costs, and proceeding remitted to respondents for reappraisal pursuant to the building zone ordinance, as amended, and for rehearing. The appraisers, appointed by respondents pursuant to the ordinance, were “to determine the extent of the damage and the appraised value They reported the appraised value only. The failure of the appraisers to determine “the extent of the damage ” requires the annulment of the determination of respondents, who were obliged to act in accordance with the terms of the ordinance (Matter of Barry v. O’Connell, 303 N. Y. 46). Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ., concur.

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— Proceeding to review a determination of respondents which denied petitioner’s application for a building permit for the purpose of rebuilding a nonconforming structure damaged by fire. The proceeding was transferred to this court pursuant to section 1296 of the Civil Practice Act. Determination annulled, without costs, and proceeding remitted to respondents for reappraisal pursuant to the building zone ordinance, as amended, and for rehearing. The appraisers, appointed by respondents pursuant to the ordinance, were “to determine the extent of the damage and the appraised value They reported the appraised value only. The failure of the appraisers to determine “the extent of the damage ” requires the annulment of the determination of respondents, who were obliged to act in accordance with the terms of the ordinance (Matter of Barry v. O’Connell, 303 N. Y. 46). Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ., concur.

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Bluebook (online)

6 A.D.2d 825, 176 N.Y.S.2d 394, 1958 N.Y. App. Div. LEXIS 5454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/branche-v-board-of-trustees-nyappdiv-1958.

Opinion

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