Appellate Division of the Supreme Court of New York, 1932

In re County of Westchester

In re County of Westchester
Appellate Division of the Supreme Court of New York · Decided December 15, 1932
237 A.D. 833
In re County of Westchester

Opinion of the Court

Order reversed on the law, with ten dollars costs and disbursements. In our opinion the learned Special Term was without power to make the order appealed from. The claimant, MacEwen, cannot, in our opinion, have the validity of the Zoning Ordinance of the City of New Rochelle determined in this proceeding. Her remedy is by the institution of an action for a declaratory judgment. (See Dowsey v. Village of Kensington, 257 N. Y. 221, 225.) Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.

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