# Benigno v. Cohalan

> New York Court of Appeals · October 19, 1976 · 40 N.Y.2d 880

URL: https://www.frixlaw.com/law-library/cases/5530910

## Case

- **Full name:** Joseph Benigno v. Peter Cohalan, Constituting the Town Board of the Town of Islip
- **Court:** New York Court of Appeals
- **Decided:** October 19, 1976
- **Citations:** 40 N.Y.2d 880; 389 N.Y.S.2d 346; 357 N.E.2d 1001; 1976 N.Y. LEXIS 3058
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 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/5530910

## Opinion text

Memorandum. The order of the Appellate Division should be affirmed.
As noted by the Appellate Division, in consequence of failure of publication as required by section 265 of the Town *882 Law, the zoning resolution dated November 11, 1971 never became effective. This consequence is not altered by appellant’s assertions with respect to the circumstances of such nonpublication, or the possibility that remedies therefor may have existed by way of mandamus or self-help. Nor is the doctrine of "vested rights” applicable here to bolster appellant’s position.
Appellant has, however, been restored to his former position because, as we are informed, the town board has executed a release of the declaration of covenants and restrictions recorded by him in anticipation of an effective zoning ordinance.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order affirmed, with costs, in a memorandum.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5530910. Public record. Not legal advice.