Dittmer v. Silsdorf

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, Suffolk County, entered February 15, 1968, which denied appellants’ motion to dismiss the petition and remanded the matter to the appellant Board of Appeals for a hearing. Judgment affirmed, with costs. If the facts alleged in the petition be true, petitioner would be entitled to the relief requested (Matter of Mandalay Constr. v. Eccleston, 9 A D 2d 918; cf. Matter of Bexson v. Board of Zoning & Appeals of Town of Hempstead, 28 A D 2d 848,…