Carpino v. Aversano

Appellate Division of the Supreme Court of New York

Carpino v. Aversano

5 A.D.2d 1009, 174 N.Y.S.2d 426, 1958 N.Y. App. Div. LEXIS 6154

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

DecidedApril 28, 1958

StatusPublished

This text of 5 A.D.2d 1009 (Carpino v. Aversano) 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

Carpino v. Aversano, 5 A.D.2d 1009, 174 N.Y.S.2d 426, 1958 N.Y. App. Div. LEXIS 6154 (N.Y. Ct. App. 1958).

Pincite

Opinion

On September 10, 1957 the City Council of the City of Glen Cove denied appellant’s application to change the zone of his property from residence R-2 to business B-2. He instituted this proceeding pursuant to article 78 of the Civil Practice Act to review and annul the action of the City Council and to direct the council to make the change in zone. Respondents cross-moved, pursuant to section 1298 of the Civil Practice Act, to dismiss the petition on the ground that a proceeding pursuant to article 78 is not available to review a legislative function. The appeal is from the order granting the cross motion. Order unanimously affirmed, with $10 costs and disbursements. No opinion.

Present — Nolan, P. J., Wenzel, Beldock, Ughetta and Hallinan, JJ.

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On September 10, 1957 the City Council of the City of Glen Cove denied appellant’s application to change the zone of his property from residence R-2 to business B-2. He instituted this proceeding pursuant to article 78 of the Civil Practice Act to review and annul the action of the City Council and to direct the council to make the change in zone. Respondents cross-moved, pursuant to section 1298 of the Civil Practice Act, to dismiss the petition on the ground that a proceeding pursuant to article 78 is not available to review a legislative function. The appeal is from the order granting the cross motion. Order unanimously affirmed, with $10 costs and disbursements. No opinion.

Present — Nolan, P. J., Wenzel, Beldock, Ughetta and Hallinan, JJ.

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Bluebook (online)

5 A.D.2d 1009, 174 N.Y.S.2d 426, 1958 N.Y. App. Div. LEXIS 6154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpino-v-aversano-nyappdiv-1958.