Appellate Division of the Supreme Court of New York, 1966

Stevens v. Town of Huntington

Stevens v. Town of Huntington
Appellate Division of the Supreme Court of New York · Decided May 31, 1966 · Beldock, Benjamin, Christ, Hill, Misc, Rabin
25 A.D.2d 890; 272 N.Y.S.2d 713; 1966 N.Y. App. Div. LEXIS 4083
Stevens v. Town of Huntington

Opinion of the Court

-In an action to declare an amendment to a zoning ordinance void, confiscatory, and unconstitutional insofar as it applies to plaintiffs’ real property, plaintiffs appeal from a judgment of the Supreme Court, Suffolk County, entered September 8, 1965, after a nonjury trial, dismissing their complaint. Judgment modified, on the law and the facts, by striking out the decretal provision therein that the complaint is dismissed and by providing therein that judgment is directed in favor of defendants. As so modified, judgment affirmed, with costs to respondents. (Jewish Center of Mt. Vernon v. *891Mt. Eden Cemetery Assn., 12 N Y 2d 773; Prendergast v. Gurevich, 11 N Y 2d 1082; Lanza v. Wagner, 11 N Y 2d 317, 334.)

Beldock, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur. [46 Misc 2d 604.]

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