Penn Advertising, Inc. v. City Planning Commission

Appellate Division of the Supreme Court of New York

Penn Advertising, Inc. v. City Planning Commission

210 A.D.2d 908, 621 N.Y.S.2d 986

Appellate Division of the Supreme Court of the State of New York·Decided December 23, 1994·No. Appeal No. 1·Published

Opinion

—Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court, without explanation, annulled the determination of respondents and ordered that a permit be issued for the erection of two off-premises advertising signs. That was error. Respondents’ resolution denying petitioner’s application for a permit to erect the signs is supported by substantial evidence (see, Matter of Cowan v Kern, 41 NY2d 591, 598). (Appeal from Judgment of Supreme Court, Onondaga County, Mordue, J.—Article 78.) Present—Pine, J. P., Balio, Fallon, Doerr and Boehm, JJ.

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—Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court, without explanation, annulled the determination of respondents and ordered that a permit be issued for the erection of two off-premises advertising signs. That was error. Respondents’ resolution denying petitioner’s application for a permit to erect the signs is supported by substantial evidence (see, Matter of Cowan v Kern, 41 NY2d 591, 598). (Appeal from Judgment of Supreme Court, Onondaga County, Mordue, J.—Article 78.) Present—Pine, J. P., Balio, Fallon, Doerr and Boehm, JJ.

Penn Advertising, Inc. v. City Planning Commission, 210 A.D.2d 908, 621 N.Y.S.2d 986 (N.Y. Ct. App. 1994).

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210 A.D.2d 908 (Penn Advertising, Inc. v. City Planning Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.