People ex rel. Beinert v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Rudolph P. Miller and others, constituting the board of appeals, and by Albany Heights Realty Company, from a final order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 21st day of June, 1917, sustaining a writ of certiorari and annulling the proceedings and determination referred to in said order.
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Appeal by the defendants, Rudolph P. Miller and others, constituting the board of appeals, and by Albany Heights Realty Company, from a final order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 21st day of June, 1917, sustaining a writ of certiorari and annulling the proceedings and determination referred to in said order. An appeal is also taken from an order entered in said clerk’s office on the 9th day of January, 1918, resettling the prior order. On the 29th day of November, 1916, one Adolph Vogt, who held…
1Opinion of the Court
Blackmar, J.:
The respondent claims that the board of estimate and apportionment had no authority to delegate to the board of appeals the power to modify the zoning resolution, with which proposition we agree; and that the portion of the resolution that purported to authorize the board of appeals to act in cases like the one before us was an attempt at such unlawful delegation, from which proposition we dissent.
Chapter 497 of the Laws of 1916 (amdg. Greater N. Y. charter [Laws of 1901, chap. 466], § 242b, as added by Laws of 1914, chap. 470)* provided, among other things, that “The board of…
2Cases cited3 opinions
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- People Ex Rel. C.P., Etc., R.R. Co. v. . WillcoxNew York Court of Appeals · 1909
- People ex rel. Beinert v. MillerNew York Supreme Court · 1917
3Cited by11 opinions
- Thomas v. Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 1942
- Aloe v. DasslerAppellate Division of the Supreme Court of the State of New York · 1951
- Bernstein v. Board of AppealsNew York Supreme Court · 1969
- People ex rel. Smith v. WalshAppellate Division of the Supreme Court of the State of New York · 1924
- In re St. Basil's Church of UticaNew York Supreme Court · 1925
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