Legal Opinion

Cappello v. Roos

New York Supreme Court

Decided June 1, 1960Published

1Opinion of the Court

William R. Brennan, Jr., J.

This application, pursuant to article 78 of the Civil Practice Act, for an order reviewing and annulling a determination by the respondent Board of Zoning Appeals denying petitioner a permit to use as a two-family dwelling a building located on the northeast corner of Lee Avenue and Wallace Court, in the incorporated Village of Rockville Centre, is granted.

At the original hearing before the Zoning Board of Appeals it was established that some six or seven houses within the immediate neighborhood were used as two-family houses or as rooming and boarding houses.…

2Cases cited3 opinions

  1. Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
  2. Matter of Larkin Co. v. SchwabNew York Court of Appeals · 1926
  3. Maxwell v. KlaessNew York Supreme Court · 1948

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