Wilbert v. Haskins

Appellate Division of the Supreme Court of New York

Wilbert v. Haskins

43 A.D.2d 891, 351 N.Y.S.2d 771, 1974 N.Y. App. Div. LEXIS 5986

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

DecidedJanuary 11, 1974

StatusPublished

This text of 43 A.D.2d 891 (Wilbert v. Haskins) 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

Wilbert v. Haskins, 43 A.D.2d 891, 351 N.Y.S.2d 771, 1974 N.Y. App. Div. LEXIS 5986 (N.Y. Ct. App. 1974).

Pincite

Opinion

Judgment unanimously affirmed, without costs. Memorandum: The record shows that respondent board had reasonable grounds for denying the petition for a variance. The court, therefore, has no authority to annul the determination and substitute its judgment for that of the board (Matter of North Shore Steak House v. Board of Appeals of Inc. Vil. of Thomaston, 30 N Y 2d 238, 243; and, see, Matter of Lemir Realty Corp. v. Larkin, 11 N Y 2d 20, 24-26). (Appeal from judgment of Monroe Special Term in article 78 proceeding to annul determination denying variance.) Present — Goldman, P. J., Del Vecchio, Witmer, Cardamone and Henry, JJ.

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Judgment unanimously affirmed, without costs. Memorandum: The record shows that respondent board had reasonable grounds for denying the petition for a variance. The court, therefore, has no authority to annul the determination and substitute its judgment for that of the board (Matter of North Shore Steak House v. Board of Appeals of Inc. Vil. of Thomaston, 30 N Y 2d 238, 243; and, see, Matter of Lemir Realty Corp. v. Larkin, 11 N Y 2d 20, 24-26). (Appeal from judgment of Monroe Special Term in article 78 proceeding to annul determination denying variance.) Present — Goldman, P. J., Del Vecchio, Witmer, Cardamone and Henry, JJ.

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Bluebook (online)

43 A.D.2d 891, 351 N.Y.S.2d 771, 1974 N.Y. App. Div. LEXIS 5986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilbert-v-haskins-nyappdiv-1974.