Creative Country Day School, Inc. v. Burns

Appellate Division of the Supreme Court of New York

Creative Country Day School, Inc. v. Burns

18 A.D.2d 938, 238 N.Y.S.2d 348, 1963 N.Y. App. Div. LEXIS 4296

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

DecidedFebruary 25, 1963

StatusPublished

This text of 18 A.D.2d 938 (Creative Country Day School, Inc. v. Burns) 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

Creative Country Day School, Inc. v. Burns, 18 A.D.2d 938, 238 N.Y.S.2d 348, 1963 N.Y. App. Div. LEXIS 4296 (N.Y. Ct. App. 1963).

Pincite

Opinion

In a proceeding by a domestic educational corporation under article 78 of the Civil Practice Act, to, annul a determination of the Town Board of the Town of Oyster Bay which denied the corporate petitioner’s application for a special use permit to conduct a nursery school and kindergarten at premises situated in a residential zone of said town, the Town Board appeals from an order of the Supreme Court, Nassau County, dated April 23, 1962, which annulled its determination and directed it to grant said permit. Order affirmed, with costs. We do not pass upon the constitutionality of the zoning ordinance itself. Rather, we affirm upon the ground that there is no reasonable basis for the Town Board’s determination (Matter of Diocese of Rochester v. Planning Bd., 1 N Y 2d 508). Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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In a proceeding by a domestic educational corporation under article 78 of the Civil Practice Act, to, annul a determination of the Town Board of the Town of Oyster Bay which denied the corporate petitioner’s application for a special use permit to conduct a nursery school and kindergarten at premises situated in a residential zone of said town, the Town Board appeals from an order of the Supreme Court, Nassau County, dated April 23, 1962, which annulled its determination and directed it to grant said permit. Order affirmed, with costs. We do not pass upon the constitutionality of the zoning ordinance itself. Rather, we affirm upon the ground that there is no reasonable basis for the Town Board’s determination (Matter of Diocese of Rochester v. Planning Bd., 1 N Y 2d 508). Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

18 A.D.2d 938, 238 N.Y.S.2d 348, 1963 N.Y. App. Div. LEXIS 4296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/creative-country-day-school-inc-v-burns-nyappdiv-1963.