Matter of Collins v. Behan
Cases that cite this one
31 later published cases cite this decision. The 25 that cite it most often are listed here.
- Roseta v. County of Washington (Or. 1969)
- New York Life Insurance v. Murdock (New York Supreme Court 1958)
- Scudder v. O'Connell (Appellate Division of the Supreme Court of New York 1947)
- Hopkins v. Board of Appeals (New York Supreme Court 1942)
- Matter of Perez v. Annucci (Appellate Division of the Supreme Court of New York 2020)
- CERTIFIED ROAD CONSTRUCTORS, INC. v. TOWN OF RUSSIA ZONING BOARD OF APPE, ALS (Appellate Division of the Supreme Court of New York 2015)
- Certified Road Constructors, Inc. v. Town of Russia Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 2015)
- Certified Road Constructors, Inc. v. Town of Russia Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 2015)
- Iwan v. Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 1998)
- Marasco v. Luney (Appellate Division of the Supreme Court of New York 1984)
- Stein v. Board of Appeals (Appellate Division of the Supreme Court of New York 1984)
- Hames v. Kusmiersky (Ga. Ct. App. 1983)
- Syracuse Aggregate Corp. v. Weise (N.Y. 1980)
- Baker v. State Human Rights Appeal Board (Appellate Division of the Supreme Court of New York 1979)
- Herman v. Fossella (Appellate Division of the Supreme Court of New York 1979)
- Foxluger v. Gossin (Appellate Division of the Supreme Court of New York 1978)
- Simpson v. Wolansky (N.Y. 1975)
- Seasons Realty Corp. v. City of Yonkers (New York Supreme Court 1975)
- Greg's Hilltop, Inc. v. Modugno (Appellate Division of the Supreme Court of New York 1974)
- Highland Brooks Apts., Inc. v. White (Appellate Division of the Supreme Court of New York 1972)
- Douglaston Civic Ass'n v. Gavin (New York Supreme Court 1972)
- Bubany v. State Liquor Authority (Appellate Division of the Supreme Court of New York 1967)
- Krakowski v. City of St. Cloud (Minn. 1960)
- Town of Waterford v. Water Pollution Control Board (N.Y. 1959)
- López Salas v. Puerto Rico Planning Board (Supreme Court of Puerto Rico 1958)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The record of the proceeding which resulted in the determination here presented for review is so inadequate that intelligent review is impossible. We cannot tell whether the determination is based upon such evidence as appears in the record, which is insufficient (Otto v. Steinhilber, 282 N. Y. 71, 76) or upon evidence not contained therein, which appears to be the case. To review a determination made by an administrative board there must be presented a record of all the evidence upon which the determination is based. The record must indicate the factual basis of the determination made. (Matter of New York Water Service Corp. v. Water P. & C. Commission, 283 N. Y. 23; Matter of Guernsey Breeders Co-op. v. Noyes, 284 N. Y. 197.)
The order of the Appellate Division should be reversed and the determination of the Board of Zoning Appeals annulled, with costs to petitioners in all courts, and the proceeding remitted to the Board of Zoning Appeals with instructions to make findings of fact in support of whatever determination it may reach on the evidence, with leave to petitioners and to the intervener to introduce further evidence upon another hearing, if another hearing be had.
Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.
Ordered accordingly. ,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.