Franciscan Missionaries of Mary v. Herdman

Appellate Division of the Supreme Court of New York

Franciscan Missionaries of Mary v. Herdman

7 A.D.2d 993, 184 N.Y.S.2d 104, 1959 N.Y. App. Div. LEXIS 9807

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

DecidedMarch 2, 1959

StatusPublished

Cited by1 cases

This text of 7 A.D.2d 993 (Franciscan Missionaries of Mary v. Herdman) 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

Franciscan Missionaries of Mary v. Herdman, 7 A.D.2d 993, 184 N.Y.S.2d 104, 1959 N.Y. App. Div. LEXIS 9807 (N.Y. Ct. App. 1959).

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Opinion

In a proceeding to review a determination of the Zoning Board of Appeals of the Town of Clarkstown, Rockland County, which denied an application for a special permit to maintain a shelter for normal children in a residential-agricultural use district, the appeal is from an order annulling the determination, directing the issuance of the permit, subject to certain conditions, and directing the Zoning Board to pay costs. Order modified by striking therefrom the fourth ordering paragraph. As so modified, order unanimously affirmed, without costs. In the light of the circumstances, particularly the rural nature of the community and the conforming uses permitted within the district (Matter of Concordia Collegiate Inst. v. Miller, 301 N. Y. 189; Matter of Long Is. Light. Co. v. Griffin, 272 App. Div. 551, affd. 297 N. Y. 897; Matter of Long Is. Light. Co. v. City of Long Beach, 280 App. Div. 823, affd. 305 N. Y. 880), including the raising of cattle, sheep and goats and maintenance of schools, it was capricious to deny the application to rear children of tender age on the parcel. Costs should not have been allowed (Town Law, § 267, subd. 8). Present—Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ.

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In a proceeding to review a determination of the Zoning Board of Appeals of the Town of Clarkstown, Rockland County, which denied an application for a special permit to maintain a shelter for normal children in a residential-agricultural use district, the appeal is from an order annulling the determination, directing the issuance of the permit, subject to certain conditions, and directing the Zoning Board to pay costs. Order modified by striking therefrom the fourth ordering paragraph. As so modified, order unanimously affirmed, without costs. In the light of the circumstances, particularly the rural nature of the community and the conforming uses permitted within the district (Matter of Concordia Collegiate Inst. v. Miller, 301 N. Y. 189; Matter of Long Is. Light. Co. v. Griffin, 272 App. Div. 551, affd. 297 N. Y. 897; Matter of Long Is. Light. Co. v. City of Long Beach, 280 App. Div. 823, affd. 305 N. Y. 880), including the raising of cattle, sheep and goats and maintenance of schools, it was capricious to deny the application to rear children of tender age on the parcel. Costs should not have been allowed (Town Law, § 267, subd. 8). Present—Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ.

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Bluebook (online)

7 A.D.2d 993, 184 N.Y.S.2d 104, 1959 N.Y. App. Div. LEXIS 9807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franciscan-missionaries-of-mary-v-herdman-nyappdiv-1959.

Opinion

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