Opinion

Matter of Collins v. Behan

  • 285 N.Y. 187
  • 33 N.E.2d 86
  • 1941 N.Y. LEXIS 1516
Court
New York Court of Appeals
Filed
Mar 13, 1941
Status
Published
On the bench
<italic>Per Curiam.</italic>
Cited by
31 cases
Authority
More cited than 99.0%

The opinion

Per Curiam.

The record of the proceeding which resulted in the determination here presented for review is so inadequate that intelligent review is impossible. We cannot tell whether the determination is based upon such evidence as appears in the record, which is insufficient

(Otto

v.

Steinhilber,

282 N. Y. 71, 76 ) or upon evidence not contained therein, which appears to be the case. To review a determination made by an administrative board there must be presented a record of all the evidence upon which the determination is based. The record must indicate the factual basis of the determination made.

(Matter of New York Water Service Corp.

v.

Water P. & C. Commission,

283 N. Y. 23 ;

Matter of Guernsey Breeders Co-op.

v.

Noyes,

284 N. Y. 197 .)

The order of the Appellate Division should be reversed and the determination of the Board of Zoning Appeals annulled, with costs to petitioners in all courts, and the proceeding remitted to the Board of Zoning Appeals with instructions to make findings of fact in support of whatever determination it may reach on the evidence, with leave to petitioners and to the intervener to introduce further evidence upon another hearing, if another hearing be had.

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Ordered accordingly. ,

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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