Appellate Division of the Supreme Court of New York, 1973

Edla Realty Corp. v. Fury

Edla Realty Corp. v. Fury
Appellate Division of the Supreme Court of New York · Decided April 16, 1973
41 A.D.2d 844; 342 N.Y.S.2d 1022; 1973 N.Y. App. Div. LEXIS 4709
Edla Realty Corp. v. Fury

Opinion of the Court

*845Proceeding pursuant to article 78 of the CPLR to review a determination of the appellant Zoning Board of Appeals denying petitioner’s application for a variance, the appeal is from an order of the Supreme Court, Putnam County, dated July 25, 1972, which annulled the determination and remitted the matter to said board for further consideration thereon de nova so that the variance or a reasonable exception may be granted, subject to reasonable conditions. Permission to appeal from the order, which is nonfinal, is hereby granted by Mr. Justice Shapiro (see CPLR 5701, .subds. [b], [c]). Order affirmed, without costs. No opinion. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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