Opinion
July 12, 1977
Appeal from the Onondaga Supreme Court.
Present — Moule, J.P., Cardamone, Hancock, Denman and Witmer, JJ.
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 Gen. City of the General City Law is unfounded. (See Ottinger v Arenal Realty Co., 257 N.Y. 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 given notice of the filing of the decision does not render the proceedings or the statute constitutionally defective. "It is, of course, axiomatic that every presumption favors the constitutional validity of a legislative enactment (McKinney's Cons Laws of N Y, Book 1, Statutes, § 150)." (Fifth Ave. Coach Lines v. City of New York, 11 N.Y.2d 342, 347.) Such presumption can be overcome only by the most cogent and compelling reasons, absent here.