Theodore Gompers, Inc. v. Craft

Motion for a review under article 78 of the decision and order of the Board of Appeals of the Village of Roslyn denying the petitioner’s application for a variance.

Respondents and the intervener maintain that this matter must be transferred to the Appellate Division of this court for determination. This claim is based on the fact that there was a hearing held and evidence taken and that, therefore, under subdivisions 6 and 7 of section 1296 of the Civil Practice Act the matter must be transferred to the Appellate Division in the first instance.

However, consideration must be given herein to…