Stanley Park, Inc. v. Donovan

295 N.E.2d 798, 32 N.Y.2d 668, 343 N.Y.S.2d 133, 1973 N.Y. LEXIS 1425

Opinion

Appeal from so much of the order of the Appellate Division as directs appellants to reconsider the portions of petitioner’s application which seek permission to construct and operate a restaurant with a 10-foot setback and to construct and maintain a free-standing sign dismissed, without costs, upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution.

Order insofar as it directs appellants to issue the use variance sought by petitioner affirmed, without costs. No opinion.

Concur: Chief Judge Fuld and Judges Burke, Jasen, Gabrielli, Jones and Wachtler. Taking no part: Judge Breitel.