Society of New York Hospital v. Del Vecchio

Thompson, J.,

concurs in part and dissents in part, and votes to dismiss the appeal from the judgment, but to reverse the order insofar as appealed from and vacate the judgment on the law, and grant the petition to the extent of directing the Common Council of the City of White Plains to consider the petitioner’s application for a zoning change, with the following memorandum: I am unable to concur in the determination reached by Special Term and affirmed by the majority that the Common Council of the City of White Plains should not be required to consider and vote on the petitioner’s…