Three Village Corners Shopping Center, Inc. v. Lange

• Decision Date: 01 April 1963
• Citation: 18 A.D.2d 1078,239 N.Y.S.2d 654
• Parties: In the Matter of THREE VILLAGE CORNERS SHOPPING CENTER, INC., assignee of Setauket Development Corp., Petitioner-Respondent. v. Emil E. LANGE, Chief Building and Zoning Inspector of the Town of Brookhaven, and Edwin A. Arnzen, Town Clerk of said Town, Appellants.
• Court: New York Supreme Court — Appellate Division

Page 654

239 N.Y.S.2d 654

18 A.D.2d 1078

In the Matter of THREE VILLAGE CORNERS SHOPPING CENTER,

INC., assignee of Setauket Development Corp., Petitioner-Respondent. v. Emil E. LANGE, Chief Building and Zoning Inspector of the

Town of Brookhaven, and Edwin A. Arnzen, Town

Clerk of said Town, Appellants.

Supreme Court, Appellate Division, Second Department.

April 1, 1963.

Schmidt & Fechter, Patchogue, for appellant; Lincoln G. Schmidt, Patchogue, of counsel.

Avstreih, Martino & Weiss, Mt. Vernon, for respondent; David Avstreih, Mount Vernon, of counsel, without a brief.

In a proceeding pursuant to article 78 of the Civil Practice Act, to compel the issuance to petitioner of certain building permits pursuant to a pervious Special Term order directing that such permits issue, the Chief Building and Zoning Inspector of the Town of Brookhaven and its Town Clerk appeal from an order of the Supreme Court, Queens County, dated September 13, 1962, and entered on the same day in Suffolk County, which granted the petition and directed that the permits issue. Order reversed on the law, with ten dollars costs and disbursements, and petition dismissed, 36 Misc.2d 146, 232 N.Y.S.2d 459. The present proceeding was instituted and determined during the pendency of the appeal to this court from the previous order (see 35 Misc.2d 501, 230 N.Y.S.2d 809). This court has since reversed the previous order, holding, in effect, that the permits were properly refused (Matter of Setauket Development Corp. v. Romeo, 18 A.D.2d 825, 237 N.Y.S.2d 516, January 21, 1963). Hence the order here under review, which merely implements the previous order, must likewise be reversed.

UGHETTA, Acting P. J., and KLEINFELD, CHRIST, BRENNAN and HOPKINS, JJ., concur.