In re Kalen

Appellate Division of the Supreme Court of New York

In re Kalen

258 A.D. 798, 15 N.Y.S.2d 546, 1939 N.Y. App. Div. LEXIS 6999

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

DecidedNovember 6, 1939

StatusPublished

This text of 258 A.D. 798 (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, 258 A.D. 798, 15 N.Y.S.2d 546, 1939 N.Y. App. Div. LEXIS 6999 (N.Y. Ct. App. 1939).

Pincite

Opinion

On appeal by the board of appeals of a village from an order annulling and setting aside the board’s action in reversing a determination of the building committee of the village in granting a permit for a gasoline filling [799]*799and service station on the ground that the appeal to the board of appeals was taken after the time therefor had expired, order unanimously affirmed, without costs. The appeal to the board of appeals was nearly six months late. Following our earlier decision herein (Matter of Kalen v. Amato, 248 App. Div. 777), che village commenced an action to restrain the use of the permit in question, and the entire controversy is now ready for determination in that action. Without passing upon the power of the board of appeals to extend the time for taking an appeal to it in an exceptional case where justice may require such extension, we hold that such a case has not been shown here. Present — Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

On appeal by the board of appeals of a village from an order annulling and setting aside the board’s action in reversing a determination of the building committee of the village in granting a permit for a gasoline filling [799]*799and service station on the ground that the appeal to the board of appeals was taken after the time therefor had expired, order unanimously affirmed, without costs. The appeal to the board of appeals was nearly six months late. Following our earlier decision herein (Matter of Kalen v. Amato, 248 App. Div. 777), che village commenced an action to restrain the use of the permit in question, and the entire controversy is now ready for determination in that action. Without passing upon the power of the board of appeals to extend the time for taking an appeal to it in an exceptional case where justice may require such extension, we hold that such a case has not been shown here. Present — Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

258 A.D. 798, 15 N.Y.S.2d 546, 1939 N.Y. App. Div. LEXIS 6999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kalen-nyappdiv-1939.