Home/New York Court of Appeals/Matter of Shell Creek Sailing Club, Inc. v. Bd. of Zoning Appeals of the Town of Hempstead

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
CourtNew York Court of Appeals
DecidedOctober 26, 1967
StatusPublished
Cited by5 cases

This text of 231 N.E.2d 773 (Matter of Shell Creek Sailing Club, Inc. v. Bd. of Zoning Appeals of the Town of Hempstead) 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 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).

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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Bluebook (online)
231 N.E.2d 773, 20 N.Y.2d 841, 285 N.Y.S.2d 80, 1967 N.Y. LEXIS 1167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-shell-creek-sailing-club-inc-v-bd-of-zoning-appeals-of-the-ny-1967.