Davison v. Flanagan

Appellate Division of the Supreme Court of New York

Davison v. Flanagan

273 A.D. 870, 76 N.Y.S.2d 849, 1948 N.Y. App. Div. LEXIS 5035

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

DecidedFebruary 24, 1948

StatusPublished

Cited by5 cases

This text of 273 A.D. 870 (Davison v. Flanagan) 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

Davison v. Flanagan, 273 A.D. 870, 76 N.Y.S.2d 849, 1948 N.Y. App. Div. LEXIS 5035 (N.Y. Ct. App. 1948).

Pincite

Opinion

Final order dated July 1, 1947, in a proceeding under article 78 of the Civil Practice Act, directing the building ■ inspector of the Village of Rockville Centre to issue to respondents a building permit to alter a one-family dwelling into a two-famify- dwelling and, upon completion of such alterations, to issue a certificate of occupancy thereof, unanimously affirmed, with $50 costs and disbursements to respondents. Appeal from orders dated December 10, 1946, June 23, 1947, and June 30, 1947, dismissed, without costs. In our opinion subdivision 2 of section 1 of article IV of the Building Zone Ordinance (Ho. 51) of the Village of Rockville Centre, insofar as it requires the consent and permit of the board of appeals to such an alteration, is unconstitutional. (Matter of Small v. Moss, 279 H. Y. 288; Panama Refining Co. v. Ryan, 293 U. S. 388; Tick Wo v. Hopkins, 118 U. S. 356.) Upon the record here presented respondents were entitled to the permit as a matter of right. (Seattle Trust Co. v. Roberge, 278 U. S. 116.) Present — Lewis, P. J., Johnston, Adel, Sneed and Wenzel, JJ.

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

Final order dated July 1, 1947, in a proceeding under article 78 of the Civil Practice Act, directing the building ■ inspector of the Village of Rockville Centre to issue to respondents a building permit to alter a one-family dwelling into a two-famify- dwelling and, upon completion of such alterations, to issue a certificate of occupancy thereof, unanimously affirmed, with $50 costs and disbursements to respondents. Appeal from orders dated December 10, 1946, June 23, 1947, and June 30, 1947, dismissed, without costs. In our opinion subdivision 2 of section 1 of article IV of the Building Zone Ordinance (Ho. 51) of the Village of Rockville Centre, insofar as it requires the consent and permit of the board of appeals to such an alteration, is unconstitutional. (Matter of Small v. Moss, 279 H. Y. 288; Panama Refining Co. v. Ryan, 293 U. S. 388; Tick Wo v. Hopkins, 118 U. S. 356.) Upon the record here presented respondents were entitled to the permit as a matter of right. (Seattle Trust Co. v. Roberge, 278 U. S. 116.) Present — Lewis, P. J., Johnston, Adel, Sneed and Wenzel, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

273 A.D. 870, 76 N.Y.S.2d 849, 1948 N.Y. App. Div. LEXIS 5035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davison-v-flanagan-nyappdiv-1948.

Opinion

Related

Cite This Page — Counsel Stack