Home/New York Court of Appeals/Demisay, Inc. v. Petito

Demisay, Inc. v. Petito

292 N.E.2d 674, 31 N.Y.2d 896, 340 N.Y.S.2d 406, 1972 N.Y. LEXIS 937
CourtNew York Court of Appeals
DecidedDecember 28, 1972
StatusPublished
Cited by32 cases

This text of 292 N.E.2d 674 (Demisay, Inc. v. Petito) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Demisay, Inc. v. Petito, 292 N.E.2d 674, 31 N.Y.2d 896, 340 N.Y.S.2d 406, 1972 N.Y. LEXIS 937 (N.Y. 1972).

Opinion

Order reversed, without costs, and the petition dismissed in the following memorandum: Since the Appellate Division determination, the town has amended its zoning ordinance to exclude nursing homes entirely from the residential zone in which petitioner’s property is located. The court is constrained, therefore, to decide the case on the law at the time of decision (e.g., Matter of Gordon v. Plonski, 9 N Y 2d 886; Matter of Town Bd. of Huntington v. Plonski, 13 A D 2d 704, affd. 10 N Y 2d 1035; Matter of Lunden v. Petito, 30 A D 2d 820). This determination, however, is without passing on and without prejudice to the constitutional issue raised on argument by petitioner, there being no basis in the record made before the change in law took place.

Concur: Chief. Judge Fuld and Judges Burk;?, ScruEPPi, Bergan, Breitel, Jasen and Gibson.

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Bluebook (online)
292 N.E.2d 674, 31 N.Y.2d 896, 340 N.Y.S.2d 406, 1972 N.Y. LEXIS 937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demisay-inc-v-petito-ny-1972.