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6 N.Y.2d 728

Rothstein v. County Operating Corp.

New York Court of Appeals

Decided April 9, 1959

New York Court of Appeals · decided 1959-04-09

Cited by 4 later decisions — most recently December 1982

Relies on Vulovich v. Baich

Good law ✅— No negative treatment on recordhow we know

Decided 1959-04-09

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¶1Order 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.

¶2Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke.

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