# Rosano v. Town Board of Riverhead

> Appellate Division of the Supreme Court of the State of New York · December 24, 1973 · 43 A.D.2d 728

URL: https://www.frixlaw.com/law-library/cases/5790758

## Case

- **Full name:** In the Matter of Romeo Rosano v. Town Board of the Town of Riverhead
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 24, 1973
- **Citations:** 43 A.D.2d 728; 350 N.Y.S.2d 697; 1973 N.Y. App. Div. LEXIS 2837
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 9 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/5790758

## Opinion text

In a proceeding pursuant to *729 article 78 of the CPLR to annul a determination of the Town Board of the Town of Riverhead, dated September 5, 1972, which denied petitioners’ application for a special permit to construct garden apartments, the appeal is from a judgment of the Supreme Court, Suffolk 'County, dated December 11, 1972, which granted the petition and directed respondents to issue such permit to petitioners, subject to the establishment of reasonable site plan conditions to be imposed by respondents. Judgment reversed, on the law, without costs, and proceeding dismissed on the merits. The zoning ordinance, as amended on December 5, 1972, prohibits garden apartments in the zoning district in question and, therefore, the right to the requested special permit nc longer exists. This appeal must be decided on the law as it now exists (Matter of Boardwalk & Seashore Corp. v. Murdock, 286 N. Y. 494 ; Matter of Dengeles v. Young, 3 A D 2d 758). Hopkins, Acting P. J., Munder, Martuscello, Shapiro and Brennan, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5790758. Public record. Not legal advice.