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Horowitz v. Town Board of Town of Smithtown

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1956
2 A.D.2d 981 (N.Y. App. Div. 1956)

Opinion

December 10, 1956

Present — Nolan, P.J., Wenzel, Beldock, Ughetta and Kleinfeld, JJ.


In an action for a declaratory judgment, the appeal is from a judgment entered June 1, 1955, upon the decision of an Official Referee, as resettled by an order dated July 8, 1955, insofar as said judgment (1) declares that the action of the respondent town board (under Town Law, § 265) in voting upon the application of appellants' predecessor to amend the local zoning ordinance was not arbitrary, capricious, or illegal, and (2) declares that the zoning ordinance passed upon by said town board on December 13, 1949 is not arbitrary or unconstitutional. Judgment as resettled, insofar as appeal is taken, unanimously affirmed, with costs. No opinion.


Summaries of

Horowitz v. Town Board of Town of Smithtown

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 1956
2 A.D.2d 981 (N.Y. App. Div. 1956)
Case details for

Horowitz v. Town Board of Town of Smithtown

Case Details

Full title:SYLVIA C. HOROWITZ, as Executrix of BENJAMIN HOROWITZ, Deceased, et al.…

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

Date published: Dec 10, 1956

Citations

2 A.D.2d 981 (N.Y. App. Div. 1956)