Legal Opinion
In re Hall
New York Supreme Court
Decided January 5, 1927PublishedCited by 5 opinions
1Opinion of the CourtCropsey, J.
Order of certiorari dismissed, and determination of board of appeals confirmed, with costs. The board, having decided an appeal, has no power to open the matter and rehear it on the same facts. (People ex rel. Swedish Hospital v. Leo, 120 Misc. 355; *449affd., 215 App. Div. 696; Matter of McGarry v. Walsh, 213 id. 289.)
When, however, a new appeal comes to the board from a new ruling, the matter must be passed upon. I am not prepared to hold that in such a case the decision need not consider the prior determination. If the facts and situation were the same in both appeals, the prior decision would…
2Cases cited3 opinions
- People ex rel. Swedish Hospital in Brooklyn v. LeoNew York Supreme Court · 1923
- Boyd v. WalshAppellate Division of the Supreme Court of the State of New York · 1926
- People ex rel. Swedish Hospital in Brooklyn v. LeoAppellate Division of the Supreme Court of the State of New York · 1925
3Cited by5 opinions
- MORTON v. Mayor & Council of Tp. of ClarkNew Jersey Superior Court Appellate Division · 1968
- Ellsworth Realty Co. v. KramerAppellate Division of the Supreme Court of the State of New York · 1944
- Town of Greece v. SmithAppellate Division of the Supreme Court of the State of New York · 1939
- Reed v. Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 1930
- Siciliano v. ScheyerAppellate Division of the Supreme Court of the State of New York · 1987