Knieriemen Oil Co. v. Lane

Appellate Division of the Supreme Court of New York

Knieriemen Oil Co. v. Lane

19 A.D.2d 842, 244 N.Y.S.2d 550, 1963 N.Y. App. Div. LEXIS 3071

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

DecidedOctober 28, 1963

StatusPublished

This text of 19 A.D.2d 842 (Knieriemen Oil Co. v. Lane) 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

Knieriemen Oil Co. v. Lane, 19 A.D.2d 842, 244 N.Y.S.2d 550, 1963 N.Y. App. Div. LEXIS 3071 (N.Y. Ct. App. 1963).

Pincite

Opinion

In a proceeding pursuant to article 78 of the Civil Practice Act: (1) to annul determinations of the respondent Building Inspector and of the respondent Board of Zoning Appeals of the Town of Poughkeepsie denying petitioners’ application for a variance to permit the construction and maintenance of fuel storage tanks; (2) to declare illegal the 1956 amended Town Zoning Ordinance and Building Inspection Ordinance; and (3) for other relief, petitioners appeal from an order of the Supreme Court, Dutchess County, dated June 14, 1963, which denied their motion “for leave to renew and .reargue” their petition as amended. Appeal dismissed, with $10 costs and "disbursements. No new or additional facts were presented in the affidavit submitted in support of the motion; therefore it was in fact one for reargument of the prior application. An order denying a motion for reargument is not appealable (Sellet v. City of Yonkers, 13 A D 2d 976; Leakey v. MeQuade, 13 A D 2d 682; Polito v. Town of Babylon, 5 A D 2d 877). Ughetta, Acting P. J., Christ, Brennan, Hill and Rabin, JJ., concur.

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In a proceeding pursuant to article 78 of the Civil Practice Act: (1) to annul determinations of the respondent Building Inspector and of the respondent Board of Zoning Appeals of the Town of Poughkeepsie denying petitioners’ application for a variance to permit the construction and maintenance of fuel storage tanks; (2) to declare illegal the 1956 amended Town Zoning Ordinance and Building Inspection Ordinance; and (3) for other relief, petitioners appeal from an order of the Supreme Court, Dutchess County, dated June 14, 1963, which denied their motion “for leave to renew and .reargue” their petition as amended. Appeal dismissed, with $10 costs and "disbursements. No new or additional facts were presented in the affidavit submitted in support of the motion; therefore it was in fact one for reargument of the prior application. An order denying a motion for reargument is not appealable (Sellet v. City of Yonkers, 13 A D 2d 976; Leakey v. MeQuade, 13 A D 2d 682; Polito v. Town of Babylon, 5 A D 2d 877). Ughetta, Acting P. J., Christ, Brennan, Hill and Rabin, JJ., concur.

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Bluebook (online)

19 A.D.2d 842, 244 N.Y.S.2d 550, 1963 N.Y. App. Div. LEXIS 3071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knieriemen-oil-co-v-lane-nyappdiv-1963.