New York Court of Appeals, 1959

Rothstein v. County Operating Corp.

Rothstein v. County Operating Corp.
New York Court of Appeals · Decided April 9, 1959
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.