# Matter of Shell Creek Sailing Club, Inc. v. Bd. of Zoning Appeals of the Town of Hempstead

> New York Court of Appeals · October 26, 1967 · 20 N.Y.2d 841

URL: https://www.frixlaw.com/law-library/cases/2583622

## Case

- **Full name:** In the Matter of Shell Creek Sailing Club, Inc., Appellant, v. Board of Zoning Appeals of the Town of Hempstead, Respondent
- **Court:** New York Court of Appeals
- **Decided:** October 26, 1967
- **Citations:** 20 N.Y.2d 841; 285 N.Y.S.2d 80; 231 N.E.2d 773; 1967 N.Y. LEXIS 1167
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2583622

## Opinion text

Order affirmed, without costs. It must be noted, however, that the Appellate Division should have reversed solely on the law. An appeal from a determination of an administrative
*844
agency made after a hearing at which some evidence has boon taken raises the single issue of whether the findings are, on the entire record, supported by substantial evidence. The Appellate Division, lacking power to find new facts, may not reverse on the facts. (CPLR 7803; see
Matter of Weinstein
v.
Board of
Regents, 292 N. Y. 682 ;
Matter of Kilgus
v.
Board of Estimate of City of N. 7.,
308 N. Y. 620 .)
Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi, Bergan, Keating and Breitel.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2583622. Public record. Not legal advice.