Bosico v. Mertzel

Lazer, J.,

dissents and votes to affirm the judgment, with the following memorandum: Two trustees of the Village of Haverstraw have appealed from a judgment dismissing their article 78 proceeding to rescind two *638rezoning enactments by the board of trustees of the village which reclassified certain property to an R-3 district in order to accommodate a senior citizens housing project. The majority of this court is voting to reverse the judgment on the ground that the rezoning applicants did not establish that they were the owners of the property in issue. I believe there should be an affirmance.…