Opinion
March 3, 1975
In a proceeding pursuant to CPLR article 78 to (1) annul a determination which denied petitioner a permit to connect his proposed three-family buildings to a sanitary sewer and (2) to compel respondents to immediately issue such permit, the appeal is from a judgment of the Supreme Court, Queens County, dated April 9, 1974, which (1) annulled the determination and (2) remitted the proceeding to respondents for a new determination. Judgment reversed, on the law, without costs, and proceeding dismissed, without prejudice to the commencement of a proceeding, within 30 days after entry of the order to be made hereon, to determine whether the denial of the necessary sanitary sewer permit was warranted to prevent a condition dangerous to public health and welfare or whether the denial was based solely on a pretext that the construction would create such a condition. The recent decision of the Court of Appeals in Matter of Belle Harbor Realty Corp. v. Kerr ( 35 N.Y.2d 507) is dispositive of this appeal. Latham, Acting P.J., Christ, Benjamin, Munder and Shapiro, JJ., concur.