Miller Associates v. Town Board

Appellate Division of the Supreme Court of New York

Miller Associates v. Town Board

49 A.D.2d 911, 374 N.Y.S.2d 30, 1975 N.Y. App. Div. LEXIS 11161

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

DecidedOctober 14, 1975

StatusPublished

This text of 49 A.D.2d 911 (Miller Associates v. Town Board) 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

Miller Associates v. Town Board, 49 A.D.2d 911, 374 N.Y.S.2d 30, 1975 N.Y. App. Div. LEXIS 11161 (N.Y. Ct. App. 1975).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 inter alia to annul respondent’s determination, made after a hearing, denying petitioner’s application for a special use permit, petitioner appeals from a judgment of the Supreme Court, Nassau County, dated February 22, 1974, which dismissed the proceeding. The appeal brings up for review so much of a further order of the same court, dated March 8, 1974, as, upon reargument, adhered to the original decision. Appeal from judgment dismissed as academic. The judgment was superseded by the order made on reargument. Order affirmed insofar as reviewed. Respondent is awarded $20 costs and disbursements to cover the appeal from the judgment and the review of the order. Special Term properly found that petitioner did not establish its compliance with the requirements for off-street parking. Rabin, Acting P. J., Cohalan, Margett, Brennan and Shapiro, JJ., concur.

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In a proceeding pursuant to CPLR article 78 inter alia to annul respondent’s determination, made after a hearing, denying petitioner’s application for a special use permit, petitioner appeals from a judgment of the Supreme Court, Nassau County, dated February 22, 1974, which dismissed the proceeding. The appeal brings up for review so much of a further order of the same court, dated March 8, 1974, as, upon reargument, adhered to the original decision. Appeal from judgment dismissed as academic. The judgment was superseded by the order made on reargument. Order affirmed insofar as reviewed. Respondent is awarded $20 costs and disbursements to cover the appeal from the judgment and the review of the order. Special Term properly found that petitioner did not establish its compliance with the requirements for off-street parking. Rabin, Acting P. J., Cohalan, Margett, Brennan and Shapiro, JJ., concur.

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Bluebook (online)

49 A.D.2d 911, 374 N.Y.S.2d 30, 1975 N.Y. App. Div. LEXIS 11161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-associates-v-town-board-nyappdiv-1975.