Kaweco Construction Corp. v. Department of Environmental Protection Administration

Appellate Division of the Supreme Court of New York

Kaweco Construction Corp. v. Department of Environmental Protection Administration

47 A.D.2d 749, 367 N.Y.S.2d 743, 1975 N.Y. App. Div. LEXIS 9027

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

DecidedMarch 3, 1975

StatusPublished

This text of 47 A.D.2d 749 (Kaweco Construction Corp. v. Department of Environmental Protection Administration) 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

Kaweco Construction Corp. v. Department of Environmental Protection Administration, 47 A.D.2d 749, 367 N.Y.S.2d 743, 1975 N.Y. App. Div. LEXIS 9027 (N.Y. Ct. App. 1975).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to (1) annul a determination which denied petitioner a permit to' connect his proposed three-family buildings to a sanitary sewer and (2) to compel respondents to immediately issue such permit, the appeal is from a judgment of the Supreme Court, Queens County, dated April '9, 1974, which (1) annulled the determination and (2). remitted the proceeding .to respondents for a new determination. Judgment reversed, on the law, without costs, and proceeding dismissed, without prejudice to the commencement of'a proceeding, within 30 days after entry of the order to be made hereon, to determine whether the denial of the necessary sanitary sewer permit was war- ■ ranted to prevent a condition dangerous to public health and welfare or whether the denial was based solely on a pretext that the construction would create such a condition. The recent decision of the Court of Appeals in Matter of Belle Harbor Realty Corp. v. Kerr (35 N Y 2d 507) is dispositive of this appeal. Latham, Acting P. J., Christ, Benjamin, Munder and Shapiro, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to (1) annul a determination which denied petitioner a permit to' connect his proposed three-family buildings to a sanitary sewer and (2) to compel respondents to immediately issue such permit, the appeal is from a judgment of the Supreme Court, Queens County, dated April '9, 1974, which (1) annulled the determination and (2). remitted the proceeding .to respondents for a new determination. Judgment reversed, on the law, without costs, and proceeding dismissed, without prejudice to the commencement of'a proceeding, within 30 days after entry of the order to be made hereon, to determine whether the denial of the necessary sanitary sewer permit was war- ■ ranted to prevent a condition dangerous to public health and welfare or whether the denial was based solely on a pretext that the construction would create such a condition. The recent decision of the Court of Appeals in Matter of Belle Harbor Realty Corp. v. Kerr (35 N Y 2d 507) is dispositive of this appeal. Latham, Acting P. J., Christ, Benjamin, Munder and Shapiro, JJ., concur.

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Bluebook (online)

47 A.D.2d 749, 367 N.Y.S.2d 743, 1975 N.Y. App. Div. LEXIS 9027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaweco-construction-corp-v-department-of-environmental-protection-nyappdiv-1975.