Hoke v. Chase

Appellate Division of the Supreme Court of New York

Hoke v. Chase

20 A.D.2d 679, 246 N.Y.S.2d 590, 1964 N.Y. App. Div. LEXIS 4568

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

DecidedJanuary 9, 1964

StatusPublished

This text of 20 A.D.2d 679 (Hoke v. Chase) 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

Hoke v. Chase, 20 A.D.2d 679, 246 N.Y.S.2d 590, 1964 N.Y. App. Div. LEXIS 4568 (N.Y. Ct. App. 1964).

Pincite

Opinion

Order unanimously affirmed, without costs of this appeal to any party. Memorandum: The respondent board on January 26, 1962 granted a special permit subject to certain specified conditions. This was implemented in the formal decision of February 28, 1962. Upon this appeal the attorney for the board concedes that the latter exceeded its statutory authority and jurisdiction in laying down conditions numbered two, three and six. In view of this concession these conditions are treated by us as surplusage and will be deemed stricken from the decision. (Appeal from final order of Monroe Special Term denying petition to annul decision of Zoning Board.) Present — Bastow, J. P., Goldman, Henry and Noonan, JJ.

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Order unanimously affirmed, without costs of this appeal to any party. Memorandum: The respondent board on January 26, 1962 granted a special permit subject to certain specified conditions. This was implemented in the formal decision of February 28, 1962. Upon this appeal the attorney for the board concedes that the latter exceeded its statutory authority and jurisdiction in laying down conditions numbered two, three and six. In view of this concession these conditions are treated by us as surplusage and will be deemed stricken from the decision. (Appeal from final order of Monroe Special Term denying petition to annul decision of Zoning Board.) Present — Bastow, J. P., Goldman, Henry and Noonan, JJ.

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Bluebook (online)

20 A.D.2d 679, 246 N.Y.S.2d 590, 1964 N.Y. App. Div. LEXIS 4568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoke-v-chase-nyappdiv-1964.