MATTER OF MIRSCHEL v. WEISSENBERGER


277 A.D. 1039 (1950)

In the Matter Carrie H. Mirschel et al., Respondents, v. Henry P. Weissenberger, as Superintendent of Public Works and Buildings and Building Inspector of The Incorporated Village of Malverne, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 6, 1950.


Order denying appellant's motion to dismiss the petition reversed on the law, without costs, and the motion granted, without costs.

The facts are not in dispute. Subdivision 23 of section 801 of the Zoning Ordinance of the Incorporated Village of Malverne is not to be construed as a delegation of legislative authority to an administrative agency without provision for suitable standards to control the exercise of the authority. The intent of the section as a whole...

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