Matter of Rosenbush v. Keller

Full title: In the Matter of EVA ROSENBUSH, Appellant, against FRANK C. KELLER, as…

Court: Court of Appeals of the State of New York

Date published: May 26, 1936

271 N.Y. 282 (N.Y. 1936)

2 N.E.2d 659

Opinion

Argued May 19, 1936

Decided May 26, 1936

Appeal from the Supreme Court, Appellate Division, Second Department.

Samuel Plumer for appellant.

Paul Windels, Corporation Counsel ( Edmund L. Palmieri and Paxton Blair of counsel), for respondent.

Per Curiam.

Appellant was not entitled to resort to the remedy of mandamus without availing herself of the right to appeal to the Board of Standards and Appeals. ( Matter of Towers Management Corp. v. Thatcher, 271 N.Y. 94; decided May 19, 1936.) That Board is also empowered on a proper application to consider the argument here made on the basis of unnecessary hardship. (Amended Building Zone Resolution, § 21; see New York Code of Ordinances, Appendix B.)

The order should be affirmed, without costs.

CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ., concur.

Order affirmed.