Canner v. Delameter
Canner v. Delameter
56 N.Y.2d 724; 436 N.E.2d 1340; 451 N.Y.S.2d 738; 1982 N.Y. LEXIS 3381
Canner v. Delameter
Opinion of the Court
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. If the Town of Oneonta did not have jurisdiction over Lot 59, it could not grant a variance. If, on the other hand, the town did have jurisdiction, it cannot be said, as a matter of law, that respondents’ determination was arbitrary and capricious.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.