James A. Klein Enterprises, Inc. v. Braatz

In a proceeding pursuant to CPLR article 78, inter alia , to compel the issuance of a building permit, the appeal is from a judgment of the Supreme Court, Westchester County, dated November 6, 1974 and entered in Putnam County, which, after a hearing, inter alia, directed the issuance of a building permit. Order reversed, without costs or disbursements, and proceeding remanded to Special Term for consideration of the eifect, if any, of a new zoning provision (Local Laws, 1974, No. 1 of Village of Cold Spring), introduced for consideration for the first time on appeal, on petitioner’s…