Legal Opinion · Dissent

MATTER OF KEYSTONE ASSOC. v. Moerdler

New York Court of Appeals

Decided December 30, 1966Published

1Dissent

Chief Judge Desmond

(dissenting). The appeal is moot. Section 8 of the statute (L. 1966, ch. 691) clearly means that the City Superintendent of Buildings may withhold issuance of a demolition permit for no more than 180' days beyond the time one would ordinarily issue on due application. Such application to the Superintendent was made by Keystone Associates on May 16, 1966, which happens to be the same date on which the act was passed by the Legislature. Whether we use that date or the date of the Governor’s signing, June 24, 1966, 180 days have now expired. This statute conferred on a named…

2Cases cited3 opinions

  1. Roe v. Kansas Ex Rel. SmithSupreme Court of the United States · 1929
  2. Spencer v. StateAppellate Division of the Supreme Court of the State of New York · 1923
  3. Weitzner v. StichmanNew York Court of Appeals · 1947

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