Alper v. Nowakowski

Judgment unanimously affirmed, without costs, for the reasons stated in the decision at Special Term, Roy, J., and the following memorandum: We add only that the attack on the constitutionality of section 82 of the General City Law is unfounded. (See Ottinger v Arenal Realty Co., 257 NY 371, 377-379.) Petitioners state that the statute operates to deprive them of their property rights without due process of law because there is no provision for notice. Petitioners were not only on notice of the proceedings of the Board of Zoning Appeals, but appeared and testified. The fact that they were not…