First Marl Corp. v. McDonald

Appellate Division of the Supreme Court of New York

First Marl Corp. v. McDonald

17 A.D.2d 847, 1962 N.Y. App. Div. LEXIS 7590

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

DecidedOctober 22, 1962

StatusPublished

This text of 17 A.D.2d 847 (First Marl Corp. v. McDonald) 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

First Marl Corp. v. McDonald, 17 A.D.2d 847, 1962 N.Y. App. Div. LEXIS 7590 (N.Y. Ct. App. 1962).

Pincite

Opinion

In a proceeding under article 78 of the Civil Practice Act, to annul a determination of the Board of Zoning and Appeals of the Town of North Hempstead, dated December 20, 1961, which, after a hearing, denied petitioner’s application to direct the Manager of the Building Department of said town to issue a building permit for the erection of a hotel on certain land in Nassau County, the said board and manager appeal from an order of the Supreme Court, Nassau County, dated April 2, 1962, which annulled the board’s determination and directed that the permit be issued. The appellants had denied the permit on the ground that the floor area of the first floor of the proposed hotel did not equal the floor area of the second and third floors; and, hence, the hotel lacked the minimum of three stories required by the local Building Ordinance. Order affirmed, with costs. No opinion. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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In a proceeding under article 78 of the Civil Practice Act, to annul a determination of the Board of Zoning and Appeals of the Town of North Hempstead, dated December 20, 1961, which, after a hearing, denied petitioner’s application to direct the Manager of the Building Department of said town to issue a building permit for the erection of a hotel on certain land in Nassau County, the said board and manager appeal from an order of the Supreme Court, Nassau County, dated April 2, 1962, which annulled the board’s determination and directed that the permit be issued. The appellants had denied the permit on the ground that the floor area of the first floor of the proposed hotel did not equal the floor area of the second and third floors; and, hence, the hotel lacked the minimum of three stories required by the local Building Ordinance. Order affirmed, with costs. No opinion. Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

17 A.D.2d 847, 1962 N.Y. App. Div. LEXIS 7590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-marl-corp-v-mcdonald-nyappdiv-1962.