Udell v. Haas

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: HOPKINS
• Citation: Udell v. Haas, 279 N.Y.S.2d 701, 27 A.D.2d 750 (N.Y. App. Div. 1967)
• Decision Date: 20 February 1967
• Parties: Daniel A. UDELL, Appellant, v. Richard HAAS, Mayor, et al., etc., Respondents.

Page 701

279 N.Y.S.2d 701

27 A.D.2d 750

Daniel A. UDELL, Appellant, v. Richard HAAS, Mayor, et al., etc., Respondents.

Supreme Court of New York, Appellate Division Second Department.

Feb. 20, 1967.

Judgment of the Supreme Court, Nassau County, dated February 19, 1964, affirmed insofar as appealed from, with costs. We have taken notice of the enactment of the 1965 zoning amendment.

BELDOCK, P.J., and UGHETTA, BRENNAN and RABIN, JJ., concur.

HOPKINS, J., dissents and votes to modify the judgment by striking out the first decretal paragraph and by substituting in place thereof a decretal paragraph declaring Ordinance No. 60 to be unconstitutional and void as to the property of plaintiff located on the easterly side of Lakeville Road and the westerly side of Summer Avenue, with the following memorandum:

I am unable to distinguish between plaintiff's property located on the westerly side of Lakeville Road (declared to be unconstitutionally zoned by the judgment appealed from) and plaintiff's property on the easterly side of Lakeville Road and across from the first parcel. The same considerations that prompted the declaration of the invalidity of the ordinance exist on the one side of Lakeville Road as on the other. By failure to...