Matter of Shell Creek Sailing Club, Inc. v. Bd. of Zoning Appeals of the Town of Hempstead

New York Court of Appeals

Matter of Shell Creek Sailing Club, Inc. v. Bd. of Zoning Appeals of the Town of Hempstead

231 N.E.2d 773, 20 N.Y.2d 841, 285 N.Y.S.2d 80, 1967 N.Y. LEXIS 1167

New York Court of Appeals·Decided October 26, 1967·Published·Cited by 5 cases

Opinion

Order affirmed, without costs. It must be noted, however, that the Appellate Division should have reversed solely on the law. An appeal from a determination of an administrative *844 agency made after a hearing at which some evidence has boon taken raises the single issue of whether the findings are, on the entire record, supported by substantial evidence. The Appellate Division, lacking power to find new facts, may not reverse on the facts. (CPLR 7803; see Matter of Weinstein v. Board of Regents, 292 N. Y. 682; Matter of Kilgus v. Board of Estimate of City of N. 7., 308 N. Y. 620.)

Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel.

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Order affirmed, without costs. It must be noted, however, that the Appellate Division should have reversed solely on the law. An appeal from a determination of an administrative *844 agency made after a hearing at which some evidence has boon taken raises the single issue of whether the findings are, on the entire record, supported by substantial evidence. The Appellate Division, lacking power to find new facts, may not reverse on the facts. (CPLR 7803; see Matter of Weinstein v. Board of Regents, 292 N. Y. 682; Matter of Kilgus v. Board of Estimate of City of N. 7., 308 N. Y. 620.)

Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel.

Matter of Shell Creek Sailing Club, Inc. v. Bd. of Zoning Appeals of the Town of Hempstead, 231 N.E.2d 773, 20 N.Y.2d 841, 285 N.Y.S.2d 80, 1967 N.Y. LEXIS 1167 (N.Y. 1967).

Pincite

231 N.E.2d 773 (Matter of Shell Creek Sailing Club, Inc. v. Bd. of Zoning Appeals of the Town of Hempstead) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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