Pokoik v. Silsdorf

Appellate Division of the Supreme Court of New York

Pokoik v. Silsdorf

50 A.D.2d 817, 376 N.Y.S.2d 10, 1975 N.Y. App. Div. LEXIS 11654

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

DecidedDecember 8, 1975

StatusPublished

This text of 50 A.D.2d 817 (Pokoik v. Silsdorf) 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

Pokoik v. Silsdorf, 50 A.D.2d 817, 376 N.Y.S.2d 10, 1975 N.Y. App. Div. LEXIS 11654 (N.Y. Ct. App. 1975).

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Opinion

— In a proceeding pursuant to CPLR article 78 inter alia to review a determination of appellant board of appeals dated August 3, 1974, which, after a hearing, denied petitioner’s application for a building permit, the appeal is from a judgment of the Supreme Court, Suffolk County, entered February 14, 1975, which annulled the determination and directed appellants building inspector and/or board of appeals to [818]*818issue a building permit to petitioner. Judgment reversed, on the law, without costs, determination confirmed and proceeding dismissed on the merits. The Zoning Ordinance of the Village of Ocean Beach, as amended on May 4, 1974, provides that no building shall be constructed, enlarged, extended or altered so as to provide for more than four bedrooms therein. This amendment became effective May 19, 1974 and petitioner’s right to the permit no longer existed after that date. This appeal must be decided on the law as amended (Matter of Boardwalk & Seashore Corp. v Murdock, 286 NY 494; Matter of Rosano v Town Bd. of Town of Riverhead, 43 AD2d 728). Martuscello, Acting P. J., Christ, Munder and Shapiro, JJ., concur.

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— In a proceeding pursuant to CPLR article 78 inter alia to review a determination of appellant board of appeals dated August 3, 1974, which, after a hearing, denied petitioner’s application for a building permit, the appeal is from a judgment of the Supreme Court, Suffolk County, entered February 14, 1975, which annulled the determination and directed appellants building inspector and/or board of appeals to [818]*818issue a building permit to petitioner. Judgment reversed, on the law, without costs, determination confirmed and proceeding dismissed on the merits. The Zoning Ordinance of the Village of Ocean Beach, as amended on May 4, 1974, provides that no building shall be constructed, enlarged, extended or altered so as to provide for more than four bedrooms therein. This amendment became effective May 19, 1974 and petitioner’s right to the permit no longer existed after that date. This appeal must be decided on the law as amended (Matter of Boardwalk & Seashore Corp. v Murdock, 286 NY 494; Matter of Rosano v Town Bd. of Town of Riverhead, 43 AD2d 728). Martuscello, Acting P. J., Christ, Munder and Shapiro, JJ., concur.

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Bluebook (online)

50 A.D.2d 817, 376 N.Y.S.2d 10, 1975 N.Y. App. Div. LEXIS 11654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pokoik-v-silsdorf-nyappdiv-1975.

Opinion

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