Tarnower v. Delany

Proceeding pursuant to article 78 of the CPLR to review respondents’ determination, dated December 17, 1969, denying petitioner’s application under the Zoning Ordinance of the Village of Scarsdale for permission to increase from six to seven the number of physicians whose offices may be located in the subject property. Determination annulled, on the law, without costs, and respondents are directed to grant the application which petitioner made to it. The zoning ordinance provides that a building “may not provide facilities for, or be occupied at uny one time by, more than 6 physicians,…