State Bank v. Bell

Appellate Division of the Supreme Court of New York

State Bank v. Bell

277 A.D.2d 924

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

DecidedJune 27, 1950

StatusPublished

This text of 277 A.D.2d 924 (State Bank v. Bell) 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

State Bank v. Bell, 277 A.D.2d 924 (N.Y. Ct. App. 1950).

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Opinion

Appeal from an order of the Supreme Court, Albany Special Term, which dismissed as a matter of law appellant’s petition for a review, under article 78 of the Civil Practice Act, of the determination of the Superintendent of Banks and the State Banking Board in approving the application [925]*925of the Marine Trust Company of Buffalo to open a branch office in the town of Tonawanda, New York. The Banking Law (§ 105, subd. 4) expressly provides that the Superintendent of Banks and the Banking Board may authorize the opening of a branch bank in an unincorporated village. The finding that the area in question, outside of the village of Kenmore, was an unincorporated village, is supported by law and the facts. The ultimate determination complained of was made after an investigation which conformed to statutory direction, and there is no evidence to support the claim of appellant that it is arbitrary and capricious. - Determination unanimously confirmed, without costs. Present — Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ. [197 Misc. 97.]

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Appeal from an order of the Supreme Court, Albany Special Term, which dismissed as a matter of law appellant’s petition for a review, under article 78 of the Civil Practice Act, of the determination of the Superintendent of Banks and the State Banking Board in approving the application [925]*925of the Marine Trust Company of Buffalo to open a branch office in the town of Tonawanda, New York. The Banking Law (§ 105, subd. 4) expressly provides that the Superintendent of Banks and the Banking Board may authorize the opening of a branch bank in an unincorporated village. The finding that the area in question, outside of the village of Kenmore, was an unincorporated village, is supported by law and the facts. The ultimate determination complained of was made after an investigation which conformed to statutory direction, and there is no evidence to support the claim of appellant that it is arbitrary and capricious. - Determination unanimously confirmed, without costs. Present — Foster, P. J., Heffernan, Brewster, Bergan and Coon, JJ. [197 Misc. 97.]

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277 A.D.2d 924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-bank-v-bell-nyappdiv-1950.

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