Wyndover Woods Properties Corp. v. Town of Greenburgh

Appellate Division of the Supreme Court of New York

Wyndover Woods Properties Corp. v. Town of Greenburgh

27 A.D.2d 947, 279 N.Y.S.2d 134, 1967 N.Y. App. Div. LEXIS 4432

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

DecidedApril 17, 1967

StatusPublished

Cited by1 cases

This text of 27 A.D.2d 947 (Wyndover Woods Properties Corp. v. Town of Greenburgh) 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

Wyndover Woods Properties Corp. v. Town of Greenburgh, 27 A.D.2d 947, 279 N.Y.S.2d 134, 1967 N.Y. App. Div. LEXIS 4432 (N.Y. Ct. App. 1967).

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Opinion

Judgment of the Supreme Court, Westchester County, entered March 19, 1965, reversed on the law, without costs, petition dismissed and proceeding remitted to the trial court for entry of judgment dismissing the petition and making appropriate provision as to the payment of the Referee’s fee, the amount of which as fixed by the trial court, $500, we approve; without prejudice to petitioner’s testing its rights under Local Law No. 3 of the 1965 Local Laws of the Town of Greenburgh, as amended by Local Law No. 1 of the 1966 Local Laws. We apply the law as it stands at the time of this appeal. There is now an ordinance governing the matters in issue (the above-mentioned Local Law). Petitioner may test its rights as provided by said ordinance and such other remedies as are appropriate to test the validity of said ordinance. Section III of the ordinance provides for an appeal by an aggrieved person to the Town Board. The validity of a legislative act may not be tested in a CPLR article 78 proceeding (Matter of Neddo v. Schrade, 270 N. Y. 97, 102; Casterlin v. Mullin, 26 A D 2d 629; CPLR 7801). Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.

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Judgment of the Supreme Court, Westchester County, entered March 19, 1965, reversed on the law, without costs, petition dismissed and proceeding remitted to the trial court for entry of judgment dismissing the petition and making appropriate provision as to the payment of the Referee’s fee, the amount of which as fixed by the trial court, $500, we approve; without prejudice to petitioner’s testing its rights under Local Law No. 3 of the 1965 Local Laws of the Town of Greenburgh, as amended by Local Law No. 1 of the 1966 Local Laws. We apply the law as it stands at the time of this appeal. There is now an ordinance governing the matters in issue (the above-mentioned Local Law). Petitioner may test its rights as provided by said ordinance and such other remedies as are appropriate to test the validity of said ordinance. Section III of the ordinance provides for an appeal by an aggrieved person to the Town Board. The validity of a legislative act may not be tested in a CPLR article 78 proceeding (Matter of Neddo v. Schrade, 270 N. Y. 97, 102; Casterlin v. Mullin, 26 A D 2d 629; CPLR 7801). Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.

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Bluebook (online)

27 A.D.2d 947, 279 N.Y.S.2d 134, 1967 N.Y. App. Div. LEXIS 4432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wyndover-woods-properties-corp-v-town-of-greenburgh-nyappdiv-1967.

Opinion

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