Kaufman v. Board of Appeals

Appellate Division of the Supreme Court of New York

Kaufman v. Board of Appeals

264 A.D. 892, 35 N.Y.S.2d 912, 1942 N.Y. App. Div. LEXIS 5274

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

DecidedJune 29, 1942

StatusPublished

This text of 264 A.D. 892 (Kaufman v. Board of Appeals) 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

Kaufman v. Board of Appeals, 264 A.D. 892, 35 N.Y.S.2d 912, 1942 N.Y. App. Div. LEXIS 5274 (N.Y. Ct. App. 1942).

Pincite

Opinion

An examination of the record discloses that there is no merit to this appeal. The appeal, however, must he dismissed because it is academic. The right to review the hearing before the board of appeals did not survive the new hearing on the same subject-matter by that board and the decision thereon. Even if the parties stipulated to go through with such a new hearing without prejudice to a review of the determination on the prior hearing it does not appear that an enforeible stipulation to that effect was made by the parties. On the contrary, it appears that such a stipulation was not made. Motion to dismiss appeal herein granted, without costs, and appeal dismissed, without costs. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.

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An examination of the record discloses that there is no merit to this appeal. The appeal, however, must he dismissed because it is academic. The right to review the hearing before the board of appeals did not survive the new hearing on the same subject-matter by that board and the decision thereon. Even if the parties stipulated to go through with such a new hearing without prejudice to a review of the determination on the prior hearing it does not appear that an enforeible stipulation to that effect was made by the parties. On the contrary, it appears that such a stipulation was not made. Motion to dismiss appeal herein granted, without costs, and appeal dismissed, without costs. Present — Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ.

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Bluebook (online)

264 A.D. 892, 35 N.Y.S.2d 912, 1942 N.Y. App. Div. LEXIS 5274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaufman-v-board-of-appeals-nyappdiv-1942.