Town of Smithtown v. Howell

Appellate Division of the Supreme Court of New York

Town of Smithtown v. Howell

38 A.D.2d 857, 330 N.Y.S.2d 164

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

DecidedFebruary 28, 1972

StatusPublished

This text of 38 A.D.2d 857 (Town of Smithtown v. Howell) 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

Town of Smithtown v. Howell, 38 A.D.2d 857, 330 N.Y.S.2d 164 (N.Y. Ct. App. 1972).

Pincite

Opinion

Consolidated proceedings under article 78 of the CPLR to annul respondents’ determination, made January 22, 1971, disapproving a change of zone resolution as to property of petitioner Weisz which had been adopted by petitioner Town Board of the Town of Smithtown. Determination annulled, on the law, without costs. The fact pattern herein is analogous to the situation in Matter of We’re Assoc. Co. v. Bear (35 A D 2d 846, affd. 28 N Y 2d 981) wherein a county planning commission attempted to veto a town zoning change. It iwas there held that compliance with section 239-m of the General Municipal Law supersedes county charter provisions. We so hold here. Latham, Acting P. J., Shapiro, Gulotta and Christ, JJ., concur.

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Consolidated proceedings under article 78 of the CPLR to annul respondents’ determination, made January 22, 1971, disapproving a change of zone resolution as to property of petitioner Weisz which had been adopted by petitioner Town Board of the Town of Smithtown. Determination annulled, on the law, without costs. The fact pattern herein is analogous to the situation in Matter of We’re Assoc. Co. v. Bear (35 A D 2d 846, affd. 28 N Y 2d 981) wherein a county planning commission attempted to veto a town zoning change. It iwas there held that compliance with section 239-m of the General Municipal Law supersedes county charter provisions. We so hold here. Latham, Acting P. J., Shapiro, Gulotta and Christ, JJ., concur.

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Bluebook (online)

38 A.D.2d 857, 330 N.Y.S.2d 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-smithtown-v-howell-nyappdiv-1972.