Matter of Todem Homes v. Bd. of Zoning Appeals of Town

Full title: In the Matter of TODEM HOMES, INC., Appellant, v. BOARD OF ZONING APPEALS…

Court: Court of Appeals of the State of New York

Date published: Feb 17, 1981

419 N.E.2d 1078 (N.Y. 1981)

419 N.E.2d 1078

438 N.Y.S.2d 79

Opinion

Argued January 15, 1981

Decided February 17, 1981

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, WILLIAM R. GEILER, J.

Israel G. Seeger for appellant.

Richard E. De Petris for respondents.

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 74 A.D.2d 908).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER. Judge FUCHSBERG dissents and votes to reverse for reasons stated in the opinion by Mr. Justice WILLIAM R. GEILER at Supreme Court, Suffolk County.