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Matter of Donegan v. Griffin

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1946
270 App. Div. 937 (N.Y. App. Div. 1946)

Opinion

May 6, 1946.


In this proceeding, under article 78 of the Civil Practice Act, to review the determination of the Zoning Board of Appeals of the Town of Oyster Bay, which granted a variance for a limited time to permit the operation, on property in a residential zone, of a riding academy, petitioners appeal from an order which denies their petition and affirms such determination. Order reversed on the law and the facts, and the determination annulled, without costs, and without prejudice to a further application to the Board of Appeals, pursuant to the provisions of subdivisions B and C of section 18 of the Building Zone Ordinance. The record fails to disclose facts upon which this court can determine that the board had power to grant a variance or special exception. The return, in a proceeding of this nature, should disclose the facts upon which the determination of the Board of Appeals is made. If the board acts upon its own knowledge or its own survey, it must set forth in its return the facts known to its members, but not otherwise disclosed. ( Matter of Thomas v. Board of Standards Appeals, 290 N.Y. 109; People ex rel. Fordham M.R. Church v. Walsh, 244 N.Y. 280; Matter of Levy v. Bd. of Standards Appeals, 267 N.Y. 347.) Lewis, P.J., Hagarty, Johnston, Aldrich and Nolan, JJ., concur.


Summaries of

Matter of Donegan v. Griffin

Appellate Division of the Supreme Court of New York, Second Department
May 6, 1946
270 App. Div. 937 (N.Y. App. Div. 1946)
Case details for

Matter of Donegan v. Griffin

Case Details

Full title:In the Matter of DENIS J. DONEGAN et al., Appellants, against E. FLOYD…

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

Date published: May 6, 1946

Citations

270 App. Div. 937 (N.Y. App. Div. 1946)

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