# Horowitz v. Town Board of Smithtown

> Appellate Division of the Supreme Court of the State of New York · December 10, 1956 · 2 A.D.2d 981

URL: https://www.frixlaw.com/law-library/cases/5694381

## Case

- **Full name:** Sylvia C. Horowitz, as of Benjamin Horowitz v. Town Board of Town of Smithtown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 10, 1956
- **Citations:** 2 A.D.2d 981; 158 N.Y.S.2d 762; 1956 N.Y. App. Div. LEXIS 3656
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 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/5694381

## Opinion text

In an action for a declaratory judgment, the appeal is from a judgment entered June 1, 1955, upon the decision of an Official Referee, as resettled by an order dated July 8, 1955, insofar as said judgment (1) declares that the action of the respondent town board (under Town Law, § 265) in voting upon the application of appellants’ predecessor to amend the local zoning ordinance was not arbitrary, capricious, or illegal, and (2) declares that the zoning ordinance passed upon by said town board on December 13, 1949 is not arbitrary or unconstitutional. Judgment as resettled, insofar as appeal is taken, unanimously affirmed, with costs. No opinion. Present — Nolan, P. J., Wenzel, Beldoek, Ughetta and Kleinfeld, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5694381. Public record. Not legal advice.