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Matter of Garden Estates, Inc. v. Murdock

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1934
241 App. Div. 761 (N.Y. App. Div. 1934)

Opinion

March, 1934.


Order confirming the determination of the board of standards and appeals and dismissing the order of certiorari reversed on the law and the facts, with costs, certiorari order sustained and the determination of the board of standards and appeals annulled on the merits. The record is barren of facts, pertinent and material, to sustain the grounds of the decision appealed from, and the return fails to show any facts from which the inference of hardship may be drawn. ( People ex rel. Fordham M.R. Church v. Walsh, 244 N.Y. 280.)

Lazansky, P.J., Hagarty and Scudder, JJ., concur;


The matter is one which rests in the discretion of the board. A sufficient though somewhat imperfectly evidenced basis for its action appears in the record. A court should not substitute its discretion for that of the body to whom the statute intrusts the exercise of discretion. Kapper, J., not voting.


Summaries of

Matter of Garden Estates, Inc. v. Murdock

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1934
241 App. Div. 761 (N.Y. App. Div. 1934)
Case details for

Matter of Garden Estates, Inc. v. Murdock

Case Details

Full title:In the Matter of the Application of GARDEN ESTATES, INC., and CITY HOUSING…

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

Date published: Mar 1, 1934

Citations

241 App. Div. 761 (N.Y. App. Div. 1934)