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MATTER OF PRESNELL v. LESLIE

3 N.Y.2d 384 (1957)

In the Matter of Oscar Presnell, Appellant, v. Jean Leslie et al., Constituting the Board of Appeals of the Village of Westbury, Respondents.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Quayle B. Smith, of the Washington, D. C., Bar, admitted on motion pro hac vice, Louis H. Roth and Paul M. Segal for appellant.

Frederick E. Weinberg and Donald M. Booxbaum for respondents.

CONWAY, Ch. J., DESMOND, DYE and FULD, JJ., concur with FROESSEL, J.; VAN VOORHIS, J., dissents in an opinion in which BURKE, J., concurs.

FROESSEL, J.

Petitioner is an amateur radio operator, duly licensed by the Federal Communications Commission to operate and maintain a station at his residence in Westbury, Long Island, which is located in a "Residence A" zone of the village, the highest classification of zoning. For a period of seven years, petitioner operated his station using an antenna on a 10-foot wooden pole. He now seeks to replace it with...

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