Lindner v. Incorporated Village of Freeport

This application for a preliminary injunction turns on construction of the fourth unnumbered paragraph of § 179-b, of the Village Law which provides: “An appeal [from a determination made by an administrative officer] stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a *668stay would in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed…