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Matter of Summers v. Suozzi

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 1958
5 A.D.2d 1005 (N.Y. App. Div. 1958)

Opinion

April 21, 1958

Present — Nolan, P.J., Wenzel, Beldock, Ughetta and Hallinan, JJ.


On September 10, 1957 the City Council of the City of Glen Cove denied appellant's application to change the zone of his property from residence R-2 to business B-2. He instituted this proceeding pursuant to article 78 of the Civil Practice Act to review and annul the action of the City Council and to direct the council to make the change in zone. Respondents cross-moved, pursuant to section 1293 of the Civil Practice Act, to dismiss the petition on the ground that a proceeding pursuant to article 78 is not available to review a legislative function. The appeal is from the order granting the cross motion. Order unanimously affirmed, with $10 costs and disbursements. No opinion.


Summaries of

Matter of Summers v. Suozzi

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 1958
5 A.D.2d 1005 (N.Y. App. Div. 1958)
Case details for

Matter of Summers v. Suozzi

Case Details

Full title:In the Matter of CLAUSEN W. SUMMERS, Appellant, against JOSEPH SUOZZI, as…

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

Date published: Apr 21, 1958

Citations

5 A.D.2d 1005 (N.Y. App. Div. 1958)

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