Opinion · Appellate Division of the Supreme Court of the State of New York

Syosset Holding Corp. v. Schlimm

4 A.D.2d 766

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
1957-07-08
Topic
general

In a proceeding pursuant to article 78 of the Civil Practice Act to review a determination of the Zoning Board of Appeals of the Incorporated Village of Hempstead and to direct the issuance of a permit, the appeal is from an order annulling the determination and directing the issuance of the permit. The determination sought to be reviewed denied an application for a variance to erect a gasoline filling station. Order modified by striking therefrom the second ordering paragraph. As so *767modified order unanimously affirmed, without costs, and matter remitted to the zoning board of appeals for further factual evidence and findings based thereon which are susceptible of review as to the sufficiency of the supporting evidence. {People ex rel. Fordham M.

Citator

UpLaw has not yet analyzed Syosset Holding Corp. v. Schlimm. The absence of a flag is not a finding that it is good law.

Cited by
14 opinions

In a proceeding pursuant to article 78 of the Civil Practice Act to review a determination of the Zoning Board of Appeals of the Incorporated Village of Hempstead and to direct the issuance of a permit, the appeal is from an order annulling the determination and directing the issuance of the permit. The determination sought to be reviewed denied an application for a variance to erect a gasoline filling station. Order modified by striking therefrom the second ordering paragraph. As so *767 modified order unanimously affirmed, without costs, and matter remitted to the zoning board of appeals for further factual evidence and findings based thereon which are susceptible of review as to the sufficiency of the supporting evidence. {People ex rel. Fordham M. S. Church V. Walsh, 244 N. Y. 280, 287; Matter of Elite Dairy Prods, v. Ten Eyck, 271 N. Y. 488, 498.) Present —Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Hallinan, JJ.