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Roosevelt Field, Inc. v. Town of North Hempstead

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1950
277 App. Div. 889 (N.Y. App. Div. 1950)

Opinion

June 12, 1950.


In an action for a declaratory judgment, order denying motion of appellants to dismiss the complaint, pursuant to rule 106 of the Rules of Civil Practice, on the ground that the complaint does not state facts sufficient to constitute a cause of action, reversed, with $10 costs and disbursements, and the motion granted, without costs. The legislative delegation of power to the zoning board of appeals to grant variances (Town Law, § 267; Building Zone Ordinance of Town of North Hempstead, art. XVII, §§ 174.0, 174.8) was not unlawful. It was not a delegation of power without an accompanying prescription of standard for guidance. (See Matter of Thomas v. Board of Standards Appeals, 263 App. Div. 352, revd. on other grounds 290 N.Y. 109, and authorities there cited; Rathkopf on the Law of Zoning and Planning [2d ed.], § 20, p. 143 et seq.) The board had original jurisdiction to entertain the application for variance. ( Matter of Hickox v. Griffin, 274 App. Div. 792, revd. on other grounds 298 N.Y. 365.) Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur. [ 197 Misc. 621.]


Summaries of

Roosevelt Field, Inc. v. Town of North Hempstead

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1950
277 App. Div. 889 (N.Y. App. Div. 1950)
Case details for

Roosevelt Field, Inc. v. Town of North Hempstead

Case Details

Full title:ROOSEVELT FIELD, INC., et al., Respondents, v. TOWN OF NORTH HEMPSTEAD et…

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

Date published: Jun 12, 1950

Citations

277 App. Div. 889 (N.Y. App. Div. 1950)

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