Rothstein v. County Operating Corp.
Rothstein v. County Operating Corp.
6 N.Y.2d 728; 158 N.E.2d 507; 185 N.Y.S.2d 813; 1959 N.Y. LEXIS 1456
Rothstein v. County Operating Corp.
Opinion of the Court
Order affirmed, with costs. In making determinations upon applications for special exceptions under the Zoning Ordinance, the Town Board exercises judgment or discretion of a character which is reviewable as to reasonableness in a proceeding under article 78 of the Civil Practice Act (Matter of Lerner v. Young, 286 App. Div. 1109, motion for leave to appeal denied 309 N. Y. 1035; Matter of Frantellizzi v. Herman, 1 A D 2d 980, motion for leave to appeal granted [but appeal not prosecuted] 1 N Y 2d 643). No opinion.
Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.