Rothstein v. County Operating Corp.
This text of 158 N.E.2d 507 (Rothstein v. County Operating Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order affirmed, with costs. In making determinations upon applications for special exceptions under the Zoning Ordinance, the Town Board exercises judgment or discretion of a character which is reviewable as to reasonableness in a proceeding under article 78 of the Civil Practice Act (Matter of Lerner v. Young, 286 App. Div. 1109, motion for leave to appeal denied 309 N. Y. 1035; Matter of Frantellizzi v. Herman, 1 A D 2d 980, motion for leave to appeal granted [but appeal not prosecuted] 1 N Y 2d 643). No opinion.
Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke.
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Cite This Page — Counsel Stack
158 N.E.2d 507, 6 N.Y.2d 728, 185 N.Y.S.2d 813, 1959 N.Y. LEXIS 1456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rothstein-v-county-operating-corp-ny-1959.