# Demisay, Inc. v. Petito

> New York Court of Appeals · December 28, 1972 · 31 N.Y.2d 896

URL: https://www.frixlaw.com/law-library/cases/5527939

## Case

- **Full name:** In the Matter of Demisay, Inc. v. Michael N. Petito, Constituting the Town Board of the Town of Oyster Bay
- **Court:** New York Court of Appeals
- **Decided:** December 28, 1972
- **Citations:** 31 N.Y.2d 896; 340 N.Y.S.2d 406; 292 N.E.2d 674; 1972 N.Y. LEXIS 937
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 32 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/5527939

## Opinion text

Order reversed, without costs, and the petition dismissed in the following memorandum: Since the Appellate Division determination, the town has amended its zoning ordinance to exclude nursing homes entirely from the residential zone in which petitioner’s property is located. The court is constrained, therefore, to decide the case on the law at the time of decision (e.g., Matter of Gordon v. Plonski, 9 N Y 2d 886; Matter of Town Bd. of Huntington v. Plonski, 13 A D 2d 704, affd. 10 N Y 2d 1035; Matter of Lunden v. Petito, 30 A D 2d 820). This determination, however, is without passing on and without prejudice to the constitutional issue raised on argument by petitioner, there being no basis in the record made before the change in law took place.
Concur: Chief. Judge Fuld and Judges Burk;?, ScruEPPi, Bergan, Breitel, Jasen and Gibson.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5527939. Public record. Not legal advice.