Saich v. Balint
| Decision Date | 22 August 1957 |
| Citation | 167 N.Y.S.2d 545,9 Misc.2d 11 |
| Parties | William J. SAICH, Petitioner, v. John J. BALINT, Superintendent of Buildings of the City of Yonkers, Respondent. |
| Court | New York Supreme Court |
Fiore, Action & Smith, White Plains, for petitioner.
J. Raymond Hannon, Corp. Counsel, Yonkers, for respondent.
This is an Article 78 proceeding wherein petitioner seeks an order directing respondent, Superintendent of Buildings of the City of Yonkers, to issue to petitioner a building permit to make alterations and repairs to a building to be used as a hospital or sanitarium for the care and treatment of mentally ill and mentally defective children.
The subject premises were formerly known as 'Gray Oaks Hospital' and were operated by the City of Yonkers for the treatment of tuberculosis and contagious diseases. During the month of May 1957 said premises were sold by said City at public auction under broker's bulletin No. 74 which provided, among other things, the following: 'due to the fact that said property was used for a hospital by the City of Yonkers, the use as a hospital or sanitarium may be continued in the present zone by any prospective purchaser'.
Petitioner formerly owned certain premises in the City of Rye which he leased to his wife and which were used by her for many years under the name of 'Ferncliff School' as a private sanitarium for the care and treatment of mentally ill and mentally defective children. These premises were taken over by the New York State Thruway Authorities for highway purposes and as a result thereof, petitioner became interested in the subject premises and obtained preliminary approval from the New York State Department of Mental Hygiene for the removal of the patients to the said premises for their care and treatment.
Petitioner purchased the said premises from the successful bidder at the aforesaid public auction and thereafter presented to respondent on August 6, 1957 his plan and application for the alteration and repair to same for use and occupancy as a hospital or sanitarium for mentally ill and mentally defective children and requested an appropriate building permit therefor. It appears that shortly thereafter upon the advice of the corporation counsel of said City, the respondent refused to issue the building permit upon the sole ground that the proposed use of the building was improper.
While the record is not too clear, nevertheless, it appears that respondent's refusal was predicated upon the fact that General Ordinance No. 24-1953 of the City of Yonkers limited the use of these premises solely as a tuberculosis hospital for the treatment of contagious diseases as a non-conforming use and could not be used for any other type of hospital. With this contention the court does not agree.
Section 7-E-10 of said zoning ordinance provides in part as follows:
'A non-conforming use shall not be changed unless changed to:
'(A) * * *
'(B) A use identified by the same group number in Sections 6-A to 6-G inclusive'.
Section 6-B which obviously is included in the aforementioned group limits, provides in part as follows:
Section 6-B. Public, Semi-Public and Institutional...
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Halper v. Aetna Life Ins. Co. of Hartford, Conn.
...held that for the purposes of qualifying for the permit in question Ferncliff Manor was 'a hospital or sanitarium' (Matter of Saich v. Balint, 9 Misc.2d 11, 167 N.Y.S.2d 545). Plaintiff urges that the finding of the Court in the aforementioned Article 78 proceeding be adopted by this The gr......
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Halper v. Aetna Life Ins. Co. of Hartford, Conn.
...man would consider Ferncliff Manor, here involved and held to be a hospital for mental patients for zoning purposes (Saich v. Balint, 9 Misc.2d 11, 167 N.Y.S.2d 545), also a hospital under defendant's Group Insurance Certificate. A policy holder is not required to read his policy as if he w......
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