# Black v. Board of Appeals of Inc.

> Appellate Division of the Supreme Court of the State of New York · January 19, 1970 · 33 A.D.2d 916

URL: https://www.frixlaw.com/law-library/cases/5772984

## Case

- **Full name:** In the Matter of Robert Black, Copartners Doing Business as Westbury Gardens Co. v. Board of Appeals of the Incorporated Village of Westbury
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** January 19, 1970
- **Citations:** 33 A.D.2d 916; 308 N.Y.S.2d 302; 1970 N.Y. App. Div. LEXIS 5705
- **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/5772984

## Opinion text

In a proceeding pursuant to article 78 of the ‘CPLR to review respondent’s determination rendered November 18, 1968, which denied petitioners’ application for a use variance to allow certain residential lots to -be used as entrance and exit to an apartment complex, petitioners appeal from a judgment of the Supreme 'Court, Nassau County, entered May 23, .1969, which dismissed the proceeding. Judgment reversed, on the law, without costs, and proceeding remitted to the 'Special Term for review of respondents determination on the merits. Respondent has the power pursuant to section 50-149 of the Village of Westbury Amended Building Zone Ordinance to determine whether or not to grant a use variance with respect to substandard building plots in a residential area, for use as an entrance to and exit from an apartment house complex. The Special Term is required to review the findings of fact made by respondent.. Brennan, Acting P. J., Hopkins, Benjamin, Martuseello and Kleinfeld, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5772984. Public record. Not legal advice.