Schroeder v. Kreuter

This is an article 78 proceeding to review and annul the determination and resolution of the hoard of appeals of the City of New Rochelle which granted permission to conduct a beach club upon particular premises situate in a residential district.

There is the question preliminarily raised as to whether the proceeding is to be forthwith transferred to the Appellate Division pursuant to the provisions of subdivisions 6 and 7 of section 1296 of the Civil Practice Act. The rule is that a proceeding of this nature, that is, a proceeding to review a determination made by a board following a hearing…