Dittmer v. Epstein

In a proceeding pursuant to article 78 of the CPLR to compel the Mayor and the Board of Appeals of the Village of Ocean Beach to issue a building permit, the appeal is from a judgment of the Supreme Court, Suffolk County, entered October 3, 1969, which granted the petition and directed appellant Mayor to issue such permit. Judgment affirmed, without costs. The evidence adduced at the hearing before the Board of Appeals demonstrates conclusively (1) that the subject lot on which petitioner wishes to build a one-family residence has been held in single and separate ownership since prior to the…