Legal Opinion

Bologno v. O'Connell

New York Court of Appeals

Decided December 30, 1959PublishedCited by 19 opinions

1Opinion of the CourtBurke, J.

The Commissioner of Licenses appeals, pursuant to permission, from a unanimous affirmance by the Appellate Division of an order of Special Term directing him to issue a junk license.

The petitioner applied for a license to conduct business as a junk dealer at 122-52 Montauk Street, Springfield Gardens, Long Island, New York. The records of the Department of Licenses indicate that the neighborhood ‘ ‘ is vacant land, predominantly residential in character except for two places of business ”. However, the City Planning Commission had designated this area as an unrestricted use district, and the…

2Cases cited8 opinions

  1. Matter of Larkin Co. v. SchwabNew York Court of Appeals · 1926
  2. Matter of Marburg v. ColeNew York Court of Appeals · 1941
  3. Matter of Picone v. Comr. of LicensesNew York Court of Appeals · 1925
  4. Matter of Small v. MossNew York Court of Appeals · 1938
  5. People v. American Wool Stock Corp.New York Court of Appeals · 1941

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3Cited by19 opinions

  1. Levine v. WhalenNew York Court of Appeals · 1976
  2. Field Day, Llc v. County Of SuffolkCourt of Appeals for the Second Circuit · 2006
  3. Field Day, LLC v. County of SuffolkCourt of Appeals for the Second Circuit · 2006
  4. Iscoff v. POLICE COMMISSION OF SAN FRANCISCOCalifornia Court of Appeal · 1963
  5. Svenningsen v. PassidomoNew York Court of Appeals · 1984

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