P. R. W. Auto Service, Ltd. v. Board of Zoning Appeals of Smithtown

Appellate Division of the Supreme Court of New York

P. R. W. Auto Service, Ltd. v. Board of Zoning Appeals of Smithtown

36 A.D.2d 956, 321 N.Y.S.2d 818, 1971 N.Y. App. Div. LEXIS 4136

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

DecidedMay 10, 1971

StatusPublished

This text of 36 A.D.2d 956 (P. R. W. Auto Service, Ltd. v. Board of Zoning Appeals of Smithtown) 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

P. R. W. Auto Service, Ltd. v. Board of Zoning Appeals of Smithtown, 36 A.D.2d 956, 321 N.Y.S.2d 818, 1971 N.Y. App. Div. LEXIS 4136 (N.Y. Ct. App. 1971).

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Opinion

[958]*958Rabin, P. J., Latham and Christ, JJ., concur; Munder and Brennan, JJ., concur in reversal of the order insofar as appealed from (striking out the first decretal paragraph of the order), but otherwise dissent and vote to grant appellant’s cross motion to dismiss the petition as to it, with the following memorandum: The refusal of the Board of Zoning Appeals to waive the jurisdictional requirement that petitioner submit a disclosure affidavit of the mortgagee (see Code of Town of Smithtown, § 54r-14 B [1]) was not arbitrary, as there is no provision in the Code authorizing such waiver. Accordingly, the petition failed to state pertinent and material facts (CPLR 7804, subd. [d]) upon which the relief sought could be granted.

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[958]*958Rabin, P. J., Latham and Christ, JJ., concur; Munder and Brennan, JJ., concur in reversal of the order insofar as appealed from (striking out the first decretal paragraph of the order), but otherwise dissent and vote to grant appellant’s cross motion to dismiss the petition as to it, with the following memorandum: The refusal of the Board of Zoning Appeals to waive the jurisdictional requirement that petitioner submit a disclosure affidavit of the mortgagee (see Code of Town of Smithtown, § 54r-14 B [1]) was not arbitrary, as there is no provision in the Code authorizing such waiver. Accordingly, the petition failed to state pertinent and material facts (CPLR 7804, subd. [d]) upon which the relief sought could be granted.

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Bluebook (online)

36 A.D.2d 956, 321 N.Y.S.2d 818, 1971 N.Y. App. Div. LEXIS 4136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/p-r-w-auto-service-ltd-v-board-of-zoning-appeals-of-smithtown-nyappdiv-1971.

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