Mont Gardens, Inc. v. Suffolk County Department of Health

In a proceeding under article 78 of the CPLR, to require the Suffolk County Department of Health and its Commissioner of Health to approve the issuance of a certificate of occupancy to the petitioner, the said department and its Commissioner appeal from an order of the Supreme Court, Suffolk County, entered April 14, 1964, which granted the petition in all respects. Order reversed on the law, without costs, and proceeding remitted to the Special Term for further proceedings not inconsistent herewith. Ho questions of fact were considered. The Special Term Justice predicated his decision upon a…