Pecora v. Gossin

Appellate Division of the Supreme Court of New York

Pecora v. Gossin

49 A.D.2d 668, 370 N.Y.S.2d 281, 1975 N.Y. App. Div. LEXIS 10506

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

DecidedJuly 10, 1975

StatusPublished

Cited by1 cases

This text of 49 A.D.2d 668 (Pecora v. Gossin) 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

Pecora v. Gossin, 49 A.D.2d 668, 370 N.Y.S.2d 281, 1975 N.Y. App. Div. LEXIS 10506 (N.Y. Ct. App. 1975).

Pincite

Opinion

Judgment unanimously affirmed, with costs. Memorandum: The evidence before respondent board, supported by extensive studies, presented substantial questions of fact which lay within the jurisdiction of the board to resolve; and in these circumstances a court may not substitute its judgment for the board’s determination (Matter of Lemir Realty Corp. v Larkin, 11 NY2d 20). The action of the town in forbidding excavation of a portion of petitioner’s [669]*669premises for the sale of sand or gravel is not violative of petitioner’s constitutional rights (Matter of Calcagno v Town Bd. of Town of Webster, 265 App Div 687, affd 291 NY 701). (Appeal from judgment of Monroe Special Term in article 78 proceeding to annul determination denying permit.) Present—Marsh, P. J., Moule, Mahoney, Del Vecchio, and Witmer, JJ. [78 Mise 2d 698.]

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously affirmed, with costs. Memorandum: The evidence before respondent board, supported by extensive studies, presented substantial questions of fact which lay within the jurisdiction of the board to resolve; and in these circumstances a court may not substitute its judgment for the board’s determination (Matter of Lemir Realty Corp. v Larkin, 11 NY2d 20). The action of the town in forbidding excavation of a portion of petitioner’s [669]*669premises for the sale of sand or gravel is not violative of petitioner’s constitutional rights (Matter of Calcagno v Town Bd. of Town of Webster, 265 App Div 687, affd 291 NY 701). (Appeal from judgment of Monroe Special Term in article 78 proceeding to annul determination denying permit.) Present—Marsh, P. J., Moule, Mahoney, Del Vecchio, and Witmer, JJ. [78 Mise 2d 698.]

Cite This Page — Counsel Stack

Bluebook (online)

49 A.D.2d 668, 370 N.Y.S.2d 281, 1975 N.Y. App. Div. LEXIS 10506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pecora-v-gossin-nyappdiv-1975.

Opinion

Related

Cite This Page — Counsel Stack