Matter of Harper v. Zoning Bd. of Appeals of the Town

Full title: In the Matter of RALPH R. HARPER, Appellant, v. ZONING BOARD OF APPEALS OF…

Court: Court of Appeals of the State of New York

Date published: Mar 21, 1978

43 N.Y.2d 980 (N.Y. 1978)

404 N.Y.S.2d 597

375 N.E.2d 777

Opinion

Argued February 6, 1978

Decided March 21, 1978

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, AUSTIN W. ERWIN, JR., J.

Robert J. Stanton for appellant.

Benjamin P. Whitaker, Jr., for respondents.

Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice RICHARD D. SIMONS at the Appellate Division ( 55 A.D.2d 405) which are relevant to the issues presented on this appeal.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.