Horowitz v. Town Board of Smithtown

Appellate Division of the Supreme Court of New York

Horowitz v. Town Board of Smithtown

2 A.D.2d 981, 158 N.Y.S.2d 762, 1956 N.Y. App. Div. LEXIS 3656

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

DecidedDecember 10, 1956

StatusPublished

This text of 2 A.D.2d 981 (Horowitz v. Town Board of Smithtown) 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

Horowitz v. Town Board of Smithtown, 2 A.D.2d 981, 158 N.Y.S.2d 762, 1956 N.Y. App. Div. LEXIS 3656 (N.Y. Ct. App. 1956).

Pincite

Opinion

In an action for a declaratory judgment, the appeal is from a judgment entered June 1, 1955, upon the decision of an Official Referee, as resettled by an order dated July 8, 1955, insofar as said judgment (1) declares that the action of the respondent town board (under Town Law, § 265) in voting upon the application of appellants’ predecessor to amend the local zoning ordinance was not arbitrary, capricious, or illegal, and (2) declares that the zoning ordinance passed upon by said town board on December 13, 1949 is not arbitrary or unconstitutional. Judgment as resettled, insofar as appeal is taken, unanimously affirmed, with costs. No opinion. Present — Nolan, P. J., Wenzel, Beldoek, Ughetta and Kleinfeld, JJ.

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In an action for a declaratory judgment, the appeal is from a judgment entered June 1, 1955, upon the decision of an Official Referee, as resettled by an order dated July 8, 1955, insofar as said judgment (1) declares that the action of the respondent town board (under Town Law, § 265) in voting upon the application of appellants’ predecessor to amend the local zoning ordinance was not arbitrary, capricious, or illegal, and (2) declares that the zoning ordinance passed upon by said town board on December 13, 1949 is not arbitrary or unconstitutional. Judgment as resettled, insofar as appeal is taken, unanimously affirmed, with costs. No opinion. Present — Nolan, P. J., Wenzel, Beldoek, Ughetta and Kleinfeld, JJ.

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Bluebook (online)

2 A.D.2d 981, 158 N.Y.S.2d 762, 1956 N.Y. App. Div. LEXIS 3656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horowitz-v-town-board-of-smithtown-nyappdiv-1956.