Matter of Smalls v. Board of Standards Appeals

Full title: In the Matter of MARY SMALLS, Appellant, v. BOARD OF STANDARDS AND APPEALS…

Court: Court of Appeals of the State of New York

Date published: Jan 25, 1962

180 N.E.2d 917 (N.Y. 1962)

180 N.E.2d 917

225 N.Y.S.2d 765

Opinion

Argued January 10, 1962

Decided January 25, 1962

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, BENJAMIN BRENNER, J.

Leonard K. Rothkrug for appellant.

Leo A. Larkin, Corporation Counsel ( Alfred Weinstein, Seymour B. Quel and Judah Gribetz of counsel), for respondents.

Order affirmed, without costs; no opinion.

Concur: Chief Judge DESMOND and Judges DYE, BURKE and FOSTER. Judges FULD, FROESSEL and VAN VOORHIS dissent and vote to reverse and to grant the petition and to annul the board's determination for the reasons stated in the dissenting memorandum at the Appellate Division.