Free Synagogue of Flushing v. Board of Estimate

Appellate Division of the Supreme Court of New York

Free Synagogue of Flushing v. Board of Estimate

39 A.D.2d 571, 331 N.Y.S.2d 801, 1972 N.Y. App. Div. LEXIS 4888

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

DecidedApril 17, 1972

StatusPublished

This text of 39 A.D.2d 571 (Free Synagogue of Flushing v. Board of Estimate) 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

Free Synagogue of Flushing v. Board of Estimate, 39 A.D.2d 571, 331 N.Y.S.2d 801, 1972 N.Y. App. Div. LEXIS 4888 (N.Y. Ct. App. 1972).

Pincite

Opinion

In this action for (1) a declaratory judgment invalidating a resolution adopted by the City Planning Commission of the City of New York and approved by the City’s Board of Estimate, amending the Zoning Resolution of the City of New York so as to rezone certain property located in the Borough of Queens from an R7-1 (general residential) District to a C4-2 (general commercial) District; and (2) an injunction restraining the implementation of the resolution, plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered September 22, 1971 which, inter alia, declared as valid said resolution, and denied plaintiffs’ request for the above injunctive relief. Judgment modified, on the law and the facts, so as to delete therefrom the fifth decretal paragraph and as so modified affirmed, without costs. We agree with the Special Term’s decision and judgment that the rezoning of the subject property by the defendant-respondent City Planning Commission of the City of New York and the approval of its said resolution by defendant-respondent Board of Estimate were valid. However, we do not agree with its determination that plaintiffs have no standing to seek to invalidate same. Hopkins, Acting P. J., Martuscello, Christ and Brennan, JJ., concur.

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In this action for (1) a declaratory judgment invalidating a resolution adopted by the City Planning Commission of the City of New York and approved by the City’s Board of Estimate, amending the Zoning Resolution of the City of New York so as to rezone certain property located in the Borough of Queens from an R7-1 (general residential) District to a C4-2 (general commercial) District; and (2) an injunction restraining the implementation of the resolution, plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered September 22, 1971 which, inter alia, declared as valid said resolution, and denied plaintiffs’ request for the above injunctive relief. Judgment modified, on the law and the facts, so as to delete therefrom the fifth decretal paragraph and as so modified affirmed, without costs. We agree with the Special Term’s decision and judgment that the rezoning of the subject property by the defendant-respondent City Planning Commission of the City of New York and the approval of its said resolution by defendant-respondent Board of Estimate were valid. However, we do not agree with its determination that plaintiffs have no standing to seek to invalidate same. Hopkins, Acting P. J., Martuscello, Christ and Brennan, JJ., concur.

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Bluebook (online)

39 A.D.2d 571, 331 N.Y.S.2d 801, 1972 N.Y. App. Div. LEXIS 4888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/free-synagogue-of-flushing-v-board-of-estimate-nyappdiv-1972.