Milstein v. O'Neill

Appellate Division of the Supreme Court of New York

Milstein v. O'Neill

31 A.D.2d 921, 299 N.Y.S.2d 781, 1969 N.Y. App. Div. LEXIS 4346

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

DecidedMarch 26, 1969

StatusPublished

This text of 31 A.D.2d 921 (Milstein v. O'Neill) 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

Milstein v. O'Neill, 31 A.D.2d 921, 299 N.Y.S.2d 781, 1969 N.Y. App. Div. LEXIS 4346 (N.Y. Ct. App. 1969).

Pincite

Opinion

In view of the finding by the ¡Special Term that the failure to proceed with the foundation “ raised a serious potential safety hazard to adjoining occupied multiple dwellings and to pedestrians and vehicular traffic on the abutting streets by reason of rock slides or collapse,” the stay effected by CPLR 5519 is modified so as to -direct respondents-appellants to issue to petitioners a conditional permit for Foundation-Exterior Walls Only. The permit for Foundation-Exterior Walls Only shall be limited .to the construction -of a foundation utilizabl-e by, consistent with and not in excess of the requirements of either the structure permitted by the variance or a building conforming to the existing zoning "resolution. A preference is granted to the petitioners. The appeal shall be placed on the April 1969 Term calendar -for hearing on April 18, 1969. Appellants are permitted to appeal on the -original record if they so -desire, papers on appeal to be served and filed by April 14, 1969, with notes of issue for April 18, 1969; respondents’ brief to be filed by April 16,1969, and reply, if any, to be filed by April 18,1969. Concur — Capozzoli, J. P., Tilzer, Markewich, Nunez and McNally, JJ.

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In view of the finding by the ¡Special Term that the failure to proceed with the foundation “ raised a serious potential safety hazard to adjoining occupied multiple dwellings and to pedestrians and vehicular traffic on the abutting streets by reason of rock slides or collapse,” the stay effected by CPLR 5519 is modified so as to -direct respondents-appellants to issue to petitioners a conditional permit for Foundation-Exterior Walls Only. The permit for Foundation-Exterior Walls Only shall be limited .to the construction -of a foundation utilizabl-e by, consistent with and not in excess of the requirements of either the structure permitted by the variance or a building conforming to the existing zoning "resolution. A preference is granted to the petitioners. The appeal shall be placed on the April 1969 Term calendar -for hearing on April 18, 1969. Appellants are permitted to appeal on the -original record if they so -desire, papers on appeal to be served and filed by April 14, 1969, with notes of issue for April 18, 1969; respondents’ brief to be filed by April 16,1969, and reply, if any, to be filed by April 18,1969. Concur — Capozzoli, J. P., Tilzer, Markewich, Nunez and McNally, JJ.

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Bluebook (online)

31 A.D.2d 921, 299 N.Y.S.2d 781, 1969 N.Y. App. Div. LEXIS 4346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milstein-v-oneill-nyappdiv-1969.