Opinion
March 6, 1984
Appeal from the Supreme Court, Onondaga County, Sullivan, J.
Present — Dillon, P.J., Doerr, Denman, O'Donnell and Schnepp, JJ.
Judgment unanimously affirmed, with costs. Memorandum: Defendant, City of Syracuse, appeals from a judgment which declared void an amendment to the city's zoning ordinance. Trial Term properly found that the amendment did not comply with subdivision 25 of section 20 Gen. City of the General City Law. Zoning amendments are presumed to be constitutional ( Town of Huntington v Park Shore Country Day Camp, 47 N.Y.2d 61; Kravetz v Plenge, 84 A.D.2d 422). Nevertheless, the amendment will not be upheld when it is not in accordance with a comprehensive plan ( Udell v Haas, 21 N.Y.2d 463; Albright v Town of Manlius, 34 A.D.2d 419, mod 28 N.Y.2d 108). In the instant case, the common council failed adequately to consider the needs of the entire community before adopting the zoning change (see Udell v Haas, supra; Northeastern Environmental Developers v Town of Colonie, 72 A.D.2d 881, app. dsmd. 49 N.Y.2d 800).