New York Court of Appeals
The People of the State of New York Ex Rel. Hudson-Harlem Valley Title and Mortgage Company, Appellant, Against…
April 16, 1940282 N.Y. 400
Summary
The Court of Appeals affirmed the Appellate Division's order reinstating the zoning board of appeals' denial of a variance. It held that the Special Term of the Supreme Court lacks authority to conduct a de novo trial of the variance issue and may only review the board's decision, and that Section 267 of the Town Law remains effective, not repealed by Article 78 of the Civil Practice Act.