James A. Klein Enterprises, Inc. v. Braatz

51 A.D.2d 1021, 381 N.Y.S.2d 304, 1976 N.Y. App. Div. LEXIS 11802

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 15, 1976
• Status: Published

Opinion

In a proceeding pursuant to CPLR article 78, inter alia , to compel the issuance of a building permit, the appeal is from a judgment of the Supreme Court, Westchester County, dated November 6, 1974 and entered in Putnam County, which, after a hearing, inter alia, directed the issuance of a building permit. Order reversed, without costs or disbursements, and proceeding remanded to Special Term for consideration of the eifect, if any, of a new zoning provision (Local Laws, 1974, No. 1 of Village of Cold Spring), introduced for consideration for the first time on appeal, on petitioner’s application for site plan approval, and for the entry of a new judgment. Although an appellate court is ordinarily bound by the zoning law in effect at the time the appeal is decided (Matter of Fairchild Sons v Rogers, 266 NY 460; Matter of Dengeles .v Young, 3 AD2d 758), village officials may not, in bad faith, delay approval of a properly submitted and conforming building plan while they alter an ordinance to bar the prospective development (Matter of Dubow v Ross, 254 App Div 706). Hopkins, Acting P. J., Hargett, Damiani and Christ, JJ., concur.