[DOWNLOAD] "Matter Frank S. Hunter Et Al. v. Board Appeals Village Saddle Rock Et Al." by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Matter Frank S. Hunter Et Al. v. Board Appeals Village Saddle Rock Et Al.
- Author : Supreme Court of New York
- Release Date : January 18, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
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[4 A.D.2d 961 Page 961] In a proceeding to review a determination of the respondents granting an area variance to adjoining property owners, the
appeal is (1) from an order dated May 2, 1956 which dismissed the petition and denied appellants' motion to strike out the
answer and return as insufficient in law and improper or, in the alternative, to direct a further return on the ground that
it was incomplete, inaccurate and incorrect and (2) from so much of an order dated May 4, 1956 as on reargument adhered to
the original decision. Order dated May 4, 1956, insofar as appealed from, unanimously affirmed, with $10 costs and disbursements.
Appeal from order dated May 2, 1956 dismissed, without costs. Respondents, in their discretion, granted the area variance
and this court may not, on the record presented, overrule their determination (Matter of Village of Bronxville v. Francis,
1 A.D.2d 236, affd. 1 N.Y.2d 839; Matter of Burlinson v. Zoning Bd. of Appeals, 275 App. Div. 723). The proceeding was instituted
by order to show cause dated April 3, 1956, prior to the effective dates of the 1956 amendments to section 179-b of the Village
Law (L. 1956, chs. 329, 913). Section 179-b, as amended by chapter 650 of the Laws of 1927, provided that every order of a
board of appeals shall be filed in the office of the board and shall be a public record, and further provided that a proceeding
to review a decision of the board may be instituted within 30 days after the filing of the decision [4 A.D.2d 961 Page 962]