Legal Opinion

Sena v. Gallagher

New York Supreme Court

Decided December 20, 1957PublishedCited by 1 opinion

1Opinion of the CourtElbert T. Gallagher, J.

This is a petition to review respondents’ decision which denied petitioners’ application for a permit to build a gasoline filling station. Before there can be a consideration on the merits, the court must determine whether the board of appeals had the power to hear the matter.

The lot in question occupies the northeast corner at the intersection of Highland and Pemart Avenues in the city of Peekskill. With petitioners’ application were filed consents by a majority of the owners of land fronting on Highland Avenue and within 100 feet of petitioners’ lot. Petitioners have filed no consents from…

2Cases cited15 opinions

  1. Concordia Collegiate Institute v. MillerNew York Court of Appeals · 1950
  2. City of Utica v. HannaAppellate Division of the Supreme Court of the State of New York · 1922
  3. People ex rel. Smith v. WalshAppellate Division of the Supreme Court of the State of New York · 1924
  4. People Ex Rel. Smith v. WalshNew York Court of Appeals · 1925
  5. Beach v. JenkinsAppellate Division of the Supreme Court of the State of New York · 1916

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3Cited by1 opinion

  1. Koch v. Zoning Board of AppealsNew York Supreme Court · 1967

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