Summary
In Barry v Town of Glenville, 8 N.Y.2d 1153 (1960), the Court held an attempted amendment to a zoning ordinance to be ineffectual when there was a failure to comply with Town Law, §§ 264 and 265. (See, also, Benigno v Cohalan, 49 A.D.2d 871 [2d Dept. 1975].)
Summary of this case from Opn. No. 1977-218Opinion
Argued October 21, 1960
Decided December 1, 1960
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CHARLES M. HUGHES, J.
Morris Marshall Cohn for appellants.
Bernard T. McGivern for John S. Gardner, Alice V. Gardner and the Ridgewood Club., Inc., respondents.
Regardless of the alleged invalidity of the 1957 amendment purporting to change the districting of the subject property from "A" single-family residential to "C" multiple dwelling, the testimony indicates failure to comply with the requirements of section 264 of the Town Law regarding posting and publication of the original districting of the area in 1951. For this reason the judgment appealed from should be affirmed, without costs.
Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur. Judge FOSTER taking no part.
Judgment affirmed.