Rothstein v. County Operating Corp.

Court: New York Court of Appeals
Date filed: 1959-04-09
Citations: 6 N.Y.2d 728, 158 N.E.2d 507, 185 N.Y.S.2d 813, 1959 N.Y. LEXIS 1456
Copy Citations
4 Citing Cases
Lead Opinion

Order affirmed, with costs. In making determinations upon applications for special exceptions under the Zoning Ordinance, the Town Board exercises judgment or discretion of a character which is reviewable as to reasonableness in a proceeding under article 78 of the Civil Practice Act (Matter of Lerner v. Young, 286 App. Div. 1109, motion for leave to appeal denied 309 N. Y. 1035; Matter of Frantellizzi v. Herman, 1 A D 2d 980, motion for leave to appeal granted [but appeal not prosecuted] 1 N Y 2d 643). No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke.