Kohorn v. Morrell

Appellate Division of the Supreme Court of New York

Kohorn v. Morrell

9 A.D.2d 949, 195 N.Y.S.2d 866, 1959 N.Y. App. Div. LEXIS 5258

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

DecidedDecember 31, 1959

StatusPublished

Cited by1 cases

This text of 9 A.D.2d 949 (Kohorn v. Morrell) 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

Kohorn v. Morrell, 9 A.D.2d 949, 195 N.Y.S.2d 866, 1959 N.Y. App. Div. LEXIS 5258 (N.Y. Ct. App. 1959).

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Opinion

In separate proceedings pursuant to article 78 of the Civil Practice Act to review a determination of the Board of Appeals of the City of White Plains, which granted an application for a variance and a special use permit to erect a Y. W. C. A. building in an “ R-0 ” residence zone, the appeals are from an order dismissing the petitions. Order reversed, without costs, and determination annulled, without costs. In our opinion, the application does not come within the schedule of special uses permitted in the “ R-0 ” zone. Moreover, there is no support in the record for a number of the findings made, and required to be made, by the board as a condition precedent to the granting of the application, and the determination [950]*950consequently was arbitrary and capricious. Wenzel, Acting P. J., Beldoek, Ughetta, Hallinan and Kleinfeld, JJ-., concur.

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In separate proceedings pursuant to article 78 of the Civil Practice Act to review a determination of the Board of Appeals of the City of White Plains, which granted an application for a variance and a special use permit to erect a Y. W. C. A. building in an “ R-0 ” residence zone, the appeals are from an order dismissing the petitions. Order reversed, without costs, and determination annulled, without costs. In our opinion, the application does not come within the schedule of special uses permitted in the “ R-0 ” zone. Moreover, there is no support in the record for a number of the findings made, and required to be made, by the board as a condition precedent to the granting of the application, and the determination [950]*950consequently was arbitrary and capricious. Wenzel, Acting P. J., Beldoek, Ughetta, Hallinan and Kleinfeld, JJ-., concur.

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Bluebook (online)

9 A.D.2d 949, 195 N.Y.S.2d 866, 1959 N.Y. App. Div. LEXIS 5258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kohorn-v-morrell-nyappdiv-1959.

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