Tape Vee Corp. v. Board of Zoning Appeals

Appellate Division of the Supreme Court of New York

Tape Vee Corp. v. Board of Zoning Appeals

30 A.D.2d 703, 292 N.Y.S.2d 256, 1968 N.Y. App. Div. LEXIS 3659

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

DecidedJune 24, 1968

StatusPublished

This text of 30 A.D.2d 703 (Tape Vee Corp. v. Board of Zoning Appeals) 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

Tape Vee Corp. v. Board of Zoning Appeals, 30 A.D.2d 703, 292 N.Y.S.2d 256, 1968 N.Y. App. Div. LEXIS 3659 (N.Y. Ct. App. 1968).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to annul a determination of the Board of Zoning Appeals of the Town of Hempstead which affirmed the issuance by the Building Inspector of said town of a building permit to the intervenor, the board, the Building Inspector and the intervenor appeal, as limited by their briefs, from so much of a judgment of the Supreme Court, Nassau County, dated January 2, 1968, as directed cancellation of the permit and issuance of an order for removal of such portion of the building as had already been constructed. Judgment reversed insofar as appealed from, on the law, with a separate bill of $30 costs and disbursements to appellants filing separate briefs, and petition dismissed on the merits. No questions of fact were considered. The determination of the Board of Zoning Appeals must be upheld as it is neither arbitrary, capricious nor contrary to law (see Tape Vee Corp. v. Town Bd. of Hempstead, 30 A D 2d 702). Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to annul a determination of the Board of Zoning Appeals of the Town of Hempstead which affirmed the issuance by the Building Inspector of said town of a building permit to the intervenor, the board, the Building Inspector and the intervenor appeal, as limited by their briefs, from so much of a judgment of the Supreme Court, Nassau County, dated January 2, 1968, as directed cancellation of the permit and issuance of an order for removal of such portion of the building as had already been constructed. Judgment reversed insofar as appealed from, on the law, with a separate bill of $30 costs and disbursements to appellants filing separate briefs, and petition dismissed on the merits. No questions of fact were considered. The determination of the Board of Zoning Appeals must be upheld as it is neither arbitrary, capricious nor contrary to law (see Tape Vee Corp. v. Town Bd. of Hempstead, 30 A D 2d 702). Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

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Bluebook (online)

30 A.D.2d 703, 292 N.Y.S.2d 256, 1968 N.Y. App. Div. LEXIS 3659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tape-vee-corp-v-board-of-zoning-appeals-nyappdiv-1968.