Salem Trader Restaurants, Inc. v. Reitfort

Petitioner instituted this proceeding by an order to show cause seeking to annul the determination of the respondent in denying petitioner a building permit, and directing respondent to issue said permit for the construction of a structure on the subject property in accordance with the plans and specifications submitted by petitioner.

The facts are not in dispute. The only issue presented is one of law. Accordingly, this court has jurisdiction to hear and determine the matter without transferring it to the Appellate Division pursuant to CPLR 7804 (subd. [g]).

The facts giving rise to this…