# Canner v. Delameter

> New York Court of Appeals · May 11, 1982 · 56 N.Y.2d 724

URL: https://www.frixlaw.com/law-library/cases/5534810

## Case

- **Full name:** In the Matter of Raymond Canner v. Carlton Delameter, Constituting the Zoning Board of Appeals of the Town of Oneonta
- **Court:** New York Court of Appeals
- **Decided:** May 11, 1982
- **Citations:** 56 N.Y.2d 724; 451 N.Y.S.2d 738; 436 N.E.2d 1340; 1982 N.Y. LEXIS 3381
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 3 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/5534810

## Opinion text

OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. If the Town of Oneonta did not have jurisdiction over Lot 59, it could not grant a variance. If, on the other hand, the town did have jurisdiction, it cannot be said, as a matter of law, that respondents’ determination was arbitrary and capricious.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5534810. Public record. Not legal advice.