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Weiss v. Village of Lindenhurst

Document Cited authorities 1 Cited in 3 Precedent Map Related
Decision Date29 July 1955
Citation144 N.Y.S.2d 228
PartiesEsther WEISS v. VILLAGE OF LINDENHURST et al., etc.
CourtNew York Supreme Court

Page 228

144 N.Y.S.2d 228

Esther WEISS v. VILLAGE OF LINDENHURST et al., etc.

Supreme Court, Special Term, Suffolk County, Part I.

July 29, 1955.

S. Martin Adelman, Bay Shore, for petitioner.

Arthur Cromarty, Amityville, for respondents.

COLDEN, Justice.

Proceeding under article 78 of the Civil Practice Act to compel respondents to grant to petitioner a building permit and a certificate of occupancy.

Since this proceeding must be disposed of on a procedural ground, no fruitful purpose would be served by stating the facts relating to the merits. Petitioner did not appeal to the village board of appeals from the determination of respondent Theis, Building Inspector of the village. Since there is no question in the mind of this court that said respondent is an 'administrative official' within the meaning of section 179-b of the Village Law, Building Zone Ordinance of the Village of Lindenhurst, Sec. 900; see Village of Attica v. Day, 134 Misc. 882, 885 et seq., 236 N.Y.S. 607, 610, affirmed 230 App.Div. 776, 243 N.Y.S. 915, it was incumbent upon petitioner to appeal to the board of appeals before instituting this proceeding, for 'Mandamus will not issue where another remedy is available or provided by law.' Towers Management Corp. v. Thatcher, 271 N.Y. 94, 97, 2 N.E.2d 273, 274. Another remedy, towit, an appeal to the board of appeals, is made available by section 179-b of the Village Law and section 1002 of the Building Zone Ordinance of the Village of Lindenhurst. Such remedy must be pursued even if petitioner is correct in her contention ...

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3 cases
  • Jewish Reconstructionist Synagogue of North Shore, Inc. v. Incorporated Village of Roslyn Harbor
    • United States
    • New York Court of Appeals Court of Appeals
    • June 15, 1976
    ...Act with Annotations (1926); cf. Katz v. Board of Appeals of Vil. of Kings Point, 21 A.D.2d 693, 250 N.Y.S.2d 469; Weiss v. Village of Lindenhurst, Sup., 144 N.Y.S.2d 228; Daly v. Eagan, 77 Misc.2d 279, 353 N.Y.S.2d 845). As we earlier decided (38 N.Y.2d 283, 290--291, 379 N.Y.S.2d 747, 754......
  • Lindner v. Frisina
    • United States
    • New York Supreme Court
    • November 17, 1959
    ...271 N.Y. 94, 2 N.E.2d 273; Cherry v. Brumbaugh, 255 App.Div. 880, 7 N.Y.S.2d 956; Werner v. Kasotsky, supra; Weiss v. Village of Lindenhurst, Sup., 144 N.Y.S.2d 228, n. o. r. Since the determination of the Superintendent of Buildings results from his erroneous interpretation of the ordinanc......
  • Werner v. Kasotsky
    • United States
    • New York Supreme Court
    • November 21, 1956
    ...88 N.Y.S.2d 825, affirmed 276 App.Div. 872, 93 N.Y.S.2d 922, reversed on other grounds 301 N.Y. 189, 93 N.E.2d 632; Weiss v. Village of Lindenhurst, Sup., 144 N.Y.S.2d 228; Horwitz v. Schwab, 130 Misc. 158, 223 N.Y.S. Petitioner argues that since no discretion rested in the Building Inspect......

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