Rogers v. Department of Housing & Buildings

In a proceeding pursuant to article 78 of the Civil Practice Act, the appeal is from so much of an order on reargument as adhered to the original decision directing appellants to issue to respondents a certificate of occupancy for a one-family house. Order modified by striking therefrom the second ordering paragraph and by substituting therefor a provision that upon reargument the proceeding be dismissed, without costs. As so modified, order insofar as appealed from unanimously affirmed, with $10 costs and disbursements to appellants. Pursuant to plans duly approved by the Borough…