Opinion · Nylaw New York

MATTER OF FRANMOR REALTY CORP. v. LE BOEUF, 279 App. Div. 795 (1952)

In the Matter of FRANMOR REALTY CORP., Appellant, against J. RANDALL LEBOEUF, JR., et al., Constituting the Bd. of Zoning Appeals of the Villageof Old Westbury, Respondents., 279 A.D. 795 (Appellate Division of the Supreme Court of New York, Second Department. 1952)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1952-01-14
Topic: general

MATTER OF FRANMOR REALTY CORP. v. LE BOEUF, 279 App. Div. 795 (1952) In the Matter of FRANMOR REALTY CORP., Appellant, against J. RANDALL LEBOEUF, JR., et al., Constituting the Board of Zoning Appeals of the Villageof Old Westbury, Respondents.Appellate Division of the Supreme Court of New York, Second Department. January 14, 1952.

Citator

UpLaw has not yet analyzed MATTER OF FRANMOR REALTY CORP. v. LE BOEUF, 279 App. Div. 795 (1952). The absence of a flag is not a finding that it is good law.

MATTER OF FRANMOR REALTY CORP. v. LE BOEUF,279 App. Div. 795(1952)

In the Matter of FRANMOR REALTY CORP., Appellant, against J. RANDALL LE

BOEUF, JR., et al., Constituting the Board of Zoning Appeals of the Village

of Old Westbury, Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

January 14, 1952.

In a proceeding under article 78 of the Civil Practice Act, an order has been made confirming a determination of the board of zoning appeals of the village of Old Westbury, which affirmed the denial by the village clerk of an application for a permit for the building of structures for use as a gasoline station on premises owned by petitioner. Order unanimously affirmed, with $50 costs and disbursements. Subdivision 4 of section 900 of the village zoning ordinance barred granting of the permit where the nonconforming use had been "discontinued for a period exceeding twelve (12) months". The time period specified makes inapplicable the cases invoked by petitioner. (8 McQuillin on Municipal Corporations [3d ed.], pp. 366-367,Page 796381-382.) This view makes it unnecessary to determine whether the permit was properly denied under other provisions in the zoning ordinance.

Present — Nolan, P.J., Carswell, Johnston, Wenzel and Schmidt, JJ. [Seepost, p. 874.]