Little v. Richter

In a proceeding to review the determination of appellants in denying respondent’s application for a variance, the appeal is from an order transferring the proceeding to this court for disposition, pursuant to section 1296 of the Civil Practice Act. Appeal dismissed, with $10 costs and disbursements. The provisions of section 267 of the Town Law, with respect to hearings before a Special Term of the Supreme Court, do not prohibit the transfer of the proceeding to the Appellate Division in a proper case under article 78 of the Civil Practice. Act. (Cf. Matter of Long Island Lighting Co. v.…