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Matter of Collins v. Behan

33 N.E.2d 86, 285 N.Y. 187, 1941 N.Y. LEXIS 1516
CourtNew York Court of Appeals
DecidedMarch 13, 1941
StatusPublished
Cited by31 cases

This text of 33 N.E.2d 86 (Matter of Collins v. Behan) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Collins v. Behan, 33 N.E.2d 86, 285 N.Y. 187, 1941 N.Y. LEXIS 1516 (N.Y. 1941).

Opinion

Per Curiam.

The record of the proceeding which resulted in the determination here presented for review is so inadequate that intelligent review is impossible. We cannot tell whether the determination is based upon such evidence as appears in the record, which is insufficient (Otto v. Steinhilber, 282 N. Y. 71, 76) or upon evidence not contained therein, which appears to be the case. To review a determination made by an administrative board there must be presented a record of all the evidence upon which the determination is based. The record must indicate the factual basis of the determination made. (Matter of New York Water Service Corp. v. Water P. & C. Commission, 283 N. Y. 23; Matter of Guernsey Breeders Co-op. v. Noyes, 284 N. Y. 197.)

The order of the Appellate Division should be reversed and the determination of the Board of Zoning Appeals annulled, with costs to petitioners in all courts, and the proceeding remitted to the Board of Zoning Appeals with instructions to make findings of fact in support of whatever determination it may reach on the evidence, with leave to petitioners and to the intervener to introduce further evidence upon another hearing, if another hearing be had.

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Ordered accordingly. ,

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33 N.E.2d 86, 285 N.Y. 187, 1941 N.Y. LEXIS 1516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-collins-v-behan-ny-1941.