New York Court of Appeals, 1976

Benigno v. Cohalan

New York Court of Appeals · Decided October 19, 1976

40 N.Y.2d 880; 357 N.E.2d 1001; 389 N.Y.S.2d 346; 1976 N.Y. LEXIS 3058

Cases that cite this one

2 later published cases cite this decision.

Matter of Cobleskill Stone Prods., Inc. v. Town of Schoharie (Appellate Division of the Supreme Court of New York 2019)
Naftal Associates v. Town of Brookhaven (Appellate Division of the Supreme Court of New York 1991)

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

Memorandum. The order of the Appellate Division should be affirmed.

As noted by the Appellate Division, in consequence of failure of publication as required by section 265 of the Town *882Law, the zoning resolution dated November 11, 1971 never became effective. This consequence is not altered by appellant’s assertions with respect to the circumstances of such nonpublication, or the possibility that remedies therefor may have existed by way of mandamus or self-help. Nor is the doctrine of "vested rights” applicable here to bolster appellant’s position.

Appellant has, however, been restored to his former position because, as we are informed, the town board has executed a release of the declaration of covenants and restrictions recorded by him in anticipation of an effective zoning ordinance.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.