In re Kalen

Appellate Division of the Supreme Court of New York

In re Kalen

248 A.D. 777

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

DecidedJune 15, 1936

StatusPublished

This text of 248 A.D. 777 (In re Kalen) 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

In re Kalen, 248 A.D. 777 (N.Y. Ct. App. 1936).

Pincite

Opinion

In a certiorari proceeding to review the determination of a village board of trustees vacating, as a mistake of fact, a permit issued by an officer charged with the administration of a zoning ordinance enacted pursuant to article 6-A of the Village Law, certiorari proceeding unanimously sustained and determination of the respondents annulled, with ten dollars costs and disbursements. In our opinion, the board of trustees was without power or jurisdiction to review the acts of the administrative body granting the permit as that power is vested exclusively in the board of appeals. (Village Law, § 179-b.) If the permit issued is invalid because the proposed use is unauthorized under the zoning ordinances, then the board may have the permit canceled or the use restrained in a proper action or proceeding. Present — Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ.

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In a certiorari proceeding to review the determination of a village board of trustees vacating, as a mistake of fact, a permit issued by an officer charged with the administration of a zoning ordinance enacted pursuant to article 6-A of the Village Law, certiorari proceeding unanimously sustained and determination of the respondents annulled, with ten dollars costs and disbursements. In our opinion, the board of trustees was without power or jurisdiction to review the acts of the administrative body granting the permit as that power is vested exclusively in the board of appeals. (Village Law, § 179-b.) If the permit issued is invalid because the proposed use is unauthorized under the zoning ordinances, then the board may have the permit canceled or the use restrained in a proper action or proceeding. Present — Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ.

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Bluebook (online)

248 A.D. 777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kalen-nyappdiv-1936.