Home/Appellate Division of the Supreme Court of New York/Rosano v. Town Board of Riverhead

Rosano v. Town Board of Riverhead

43 A.D.2d 728, 350 N.Y.S.2d 697, 1973 N.Y. App. Div. LEXIS 2837
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 24, 1973
StatusPublished
Cited by9 cases

This text of 43 A.D.2d 728 (Rosano v. Town Board of Riverhead) 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
Rosano v. Town Board of Riverhead, 43 A.D.2d 728, 350 N.Y.S.2d 697, 1973 N.Y. App. Div. LEXIS 2837 (N.Y. Ct. App. 1973).

Opinion

In a proceeding pursuant to [729]*729article 78 of the CPLR to annul a determination of the Town Board of the Town of Riverhead, dated September 5, 1972, which denied petitioners’ application for a special permit to construct garden apartments, the appeal is from a judgment of the Supreme Court, Suffolk 'County, dated December 11, 1972, which granted the petition and directed respondents to issue such permit to petitioners, subject to the establishment of reasonable site plan conditions to be imposed by respondents. Judgment reversed, on the law, without costs, and proceeding dismissed on the merits. The zoning ordinance, as amended on December 5, 1972, prohibits garden apartments in the zoning district in question and, therefore, the right to the requested special permit nc longer exists. This appeal must be decided on the law as it now exists (Matter of Boardwalk & Seashore Corp. v. Murdock, 286 N. Y. 494; Matter of Dengeles v. Young, 3 A D 2d 758). Hopkins, Acting P. J., Munder, Martuscello, Shapiro and Brennan, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
43 A.D.2d 728, 350 N.Y.S.2d 697, 1973 N.Y. App. Div. LEXIS 2837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosano-v-town-board-of-riverhead-nyappdiv-1973.