Appellate Division of the Supreme Court of New York, 1994

Penn Advertising, Inc. v. City Planning Commission

Penn Advertising, Inc. v. City Planning Commission
Appellate Division of the Supreme Court of New York · Decided December 23, 1994
210 A.D.2d 908; 621 N.Y.S.2d 986
Penn Advertising, Inc. v. City Planning Commission

Opinion of the Court

—Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court, without explanation, annulled the determination of respondents and ordered that a permit be issued for the erection of two off-premises advertising signs. That was error. Respondents’ resolution denying petitioner’s application for a permit to erect the signs is supported by substantial evidence (see, Matter of Cowan v Kern, 41 NY2d 591, 598). (Appeal from Judgment of Supreme Court, Onondaga County, Mordue, J.—Article 78.) Present—Pine, J. P., Balio, Fallon, Doerr and Boehm, JJ.

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