New York Court of Appeals

Group House of Port Washington, Inc., Respondent v. Board of Zoning and Appeals of the Town of North Hempstead…

July 11, 197845 N.Y.2d 266

Summary

The Court held that a group home providing foster care functions as a family for zoning purposes and therefore may not be excluded by a one‑family residential ordinance; it also found the case was not moot and converted the article 78 proceeding into a declaratory action. The decision was affirmed, with a dissent arguing the opposite.