Lander v. Wilson
This text of 100 A.D.2d 896 (Lander v. Wilson) 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.
Opinion
— In a CPLR article 78 proceeding to review a determination denying petitioner’s application for a special use permit, the appeal is from a judgment of the Supreme Court, Suffolk County (Underwood, J.), dated May 31, 1983, which dismissed the proceeding. 1 Judgment affirmed, with costs. 11 The subject premises is presently zoned in a residence A-9 district. This zoning, which prohibits the use sought by petitioners, was enacted while Special Term’s decision was pending. As respondents assert, the appeal must be decided upon the law as it now exists (Matter of Boardwalk & Seashore Corp. v Murdock, 286 NY 494, 498; Matter ofDengeles v Young, 3 AD2d 758; Matter of TownBd. v Plonski, 13 AD2d 704, affd 10 NY2d 1035). The judgment should therefore be affirmed. Lazer, J. P., Mangano, Gibbons and Niehoff, JJ., concur.
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Cite This Page — Counsel Stack
100 A.D.2d 896, 474 N.Y.S.2d 582, 1984 N.Y. App. Div. LEXIS 18020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lander-v-wilson-nyappdiv-1984.