New York Court of Appeals, 1972

Demisay, Inc. v. Petito

Demisay, Inc. v. Petito
New York Court of Appeals · Decided December 28, 1972
31 N.Y.2d 896; 292 N.E.2d 674; 340 N.Y.S.2d 406; 1972 N.Y. LEXIS 937
Demisay, Inc. v. Petito

Cases that cite this one

32 later published cases cite this decision. The 25 that cite it most often are listed here.

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Opinion of the Court

Order reversed, without costs, and the petition dismissed in the following memorandum: Since the Appellate Division determination, the town has amended its zoning ordinance to exclude nursing homes entirely from the residential zone in which petitioner’s property is located. The court is constrained, therefore, to decide the case on the law at the time of decision (e.g., Matter of Gordon v. Plonski, 9 N Y 2d 886; Matter of Town Bd. of Huntington v. Plonski, 13 A D 2d 704, affd. 10 N Y 2d 1035; Matter of Lunden v. Petito, 30 A D 2d 820). This determination, however, is without passing on and without prejudice to the constitutional issue raised on argument by petitioner, there being no basis in the record made before the change in law took place.

Concur: Chief. Judge Fuld and Judges Burk;?, ScruEPPi, Bergan, Breitel, Jasen and Gibson.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.