Ponella v. Schermerhorn

Appellate Division of the Supreme Court of New York

Ponella v. Schermerhorn

49 A.D.2d 908, 373 N.Y.S.2d 394, 1975 N.Y. App. Div. LEXIS 11149

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

DecidedOctober 14, 1975

StatusPublished

This text of 49 A.D.2d 908 (Ponella v. Schermerhorn) 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

Ponella v. Schermerhorn, 49 A.D.2d 908, 373 N.Y.S.2d 394, 1975 N.Y. App. Div. LEXIS 11149 (N.Y. Ct. App. 1975).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 inter alia to annul a determination of appellant, Board of Appeals of the Town of Islip, dated May 14, 1974 and made after a hearing, denying petitioner’s application for a variance, the appeal is from a judgment of the Supreme Court, Suffolk County, entered December 4,1974, which granted the application and directed appellant Director of the Department of Buildings and Housing to issue a building permit to petitioner. Judgment affirmed, without costs. Under the circumstances of this case, petitioner is entitled to erect a one-family home on the substandard parcel here involved. Martuscello, Acting P. J., Latham, Margett and Brennan, JJ., concur; Cohalan, J., not voting.

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In a proceeding pursuant to CPLR article 78 inter alia to annul a determination of appellant, Board of Appeals of the Town of Islip, dated May 14, 1974 and made after a hearing, denying petitioner’s application for a variance, the appeal is from a judgment of the Supreme Court, Suffolk County, entered December 4,1974, which granted the application and directed appellant Director of the Department of Buildings and Housing to issue a building permit to petitioner. Judgment affirmed, without costs. Under the circumstances of this case, petitioner is entitled to erect a one-family home on the substandard parcel here involved. Martuscello, Acting P. J., Latham, Margett and Brennan, JJ., concur; Cohalan, J., not voting.

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Bluebook (online)

49 A.D.2d 908, 373 N.Y.S.2d 394, 1975 N.Y. App. Div. LEXIS 11149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ponella-v-schermerhorn-nyappdiv-1975.