Legal Opinion

Kemp v. Fossella

Appellate Division of the Supreme Court of the State of New York

Decided March 16, 1981PublishedCited by 2 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the Board of Standards and Appeals of the City of New York, dated July 24, 1979, which, inter alia, denied petitioner’s application for a use variance. Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements, and the matter is remitted to the board of standards and appeals with a direction that it grant the petitioner a use variance and for further proceedings in accordance herewith. This matter should have been disposed of at Special Term in the first instance. However,…

2Cases cited5 opinions

  1. MATTER OF DOUGLASTON CIVIC ASS'N, INC. v. KleinNew York Court of Appeals · 1980
  2. Mary Chess, Inc. v. City of Glen CoveNew York Court of Appeals · 1966
  3. Douglaston Civic Ass'n v. KleinAppellate Division of the Supreme Court of the State of New York · 1979
  4. Falkenbury v. SchultzAppellate Division of the Supreme Court of the State of New York · 1974
  5. Community Board No. 6 v. Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by2 opinions

  1. Patterson v. BlumAppellate Division of the Supreme Court of the State of New York · 1982
  2. Christie v. HirshonAppellate Division of the Supreme Court of the State of New York · 1982

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