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Matter of Stevens v. Hewson

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 956 (N.Y. App. Div. 1989)

Opinion

July 12, 1989

Appeal from the Supreme Court, Oswego County, Donovan, J.

Present — Doerr, J.P., Denman, Boomer, Balio and Lawton, JJ.


Judgment insofar as appealed from unanimously reversed on the law without costs and petition dismissed. Memorandum: Special Term erred in upholding the December 1987 determination made by respondents (ZBA). A decision, upon reconsideration or rehearing, to reverse or modify a prior determination by the ZBA must be approved unanimously (Town Law § 267; Matter of Panella v Budney, 59 Misc.2d 542; 2 Anderson, New York Zoning Law and Practice § 25.35 [3d ed]). The December resolution, which effectively reversed an earlier interpretation of the zoning ordinance made in September of 1987, was approved by a 4 to 2 vote and thus, was not properly adopted.


Summaries of

Matter of Stevens v. Hewson

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 956 (N.Y. App. Div. 1989)
Case details for

Matter of Stevens v. Hewson

Case Details

Full title:In the Matter of RICHARD STEVENS, Respondent, v. JAMES R. HEWSON et al.…

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

Date published: Jul 12, 1989

Citations

152 A.D.2d 956 (N.Y. App. Div. 1989)
543 N.Y.S.2d 782

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