Circle Courts, Inc. v. Lane

Appellate Division of the Supreme Court of New York

Circle Courts, Inc. v. Lane

29 A.D.2d 620, 285 N.Y.S.2d 931, 1967 N.Y. App. Div. LEXIS 2822

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

DecidedDecember 7, 1967

StatusPublished

Cited by3 cases

This text of 29 A.D.2d 620 (Circle Courts, Inc. v. Lane) 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

Circle Courts, Inc. v. Lane, 29 A.D.2d 620, 285 N.Y.S.2d 931, 1967 N.Y. App. Div. LEXIS 2822 (N.Y. Ct. App. 1967).

Pincite

Opinion

Determination unanimously confirmed, without costs. Memorandum: In confirming the determination by the Zoning Board of Appeals, we point out that the matter was improperly transferred to this court. Subdivision 7 of section 267 of the Town Law provides that in an article 78 proceeding brought to review a decision by a Zoning Board of Appeals the court at Special Term shall itself dispose of the cause on the merits, determining all questions which may be presented for determination. However, since CPLR 7804 (subd. [g]) continues the power in this court to dispose of all issues in a proceeding improperly transferred, we have considered the petition on the merits and have determined that the Zoning Board’s refusal to grant a variance should be confirmed under Matter of Otto v. Steinhilber (282 N. Y. 71). (Review of determination of Board of Zoning Appeals, refusing a variance, transferred by order of Erie Special Term.) Present — Bastow, J. P., Goldman, Henry and Del Vecehio, JJ.

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Determination unanimously confirmed, without costs. Memorandum: In confirming the determination by the Zoning Board of Appeals, we point out that the matter was improperly transferred to this court. Subdivision 7 of section 267 of the Town Law provides that in an article 78 proceeding brought to review a decision by a Zoning Board of Appeals the court at Special Term shall itself dispose of the cause on the merits, determining all questions which may be presented for determination. However, since CPLR 7804 (subd. [g]) continues the power in this court to dispose of all issues in a proceeding improperly transferred, we have considered the petition on the merits and have determined that the Zoning Board’s refusal to grant a variance should be confirmed under Matter of Otto v. Steinhilber (282 N. Y. 71). (Review of determination of Board of Zoning Appeals, refusing a variance, transferred by order of Erie Special Term.) Present — Bastow, J. P., Goldman, Henry and Del Vecehio, JJ.

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Bluebook (online)

29 A.D.2d 620, 285 N.Y.S.2d 931, 1967 N.Y. App. Div. LEXIS 2822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/circle-courts-inc-v-lane-nyappdiv-1967.

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