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MATTER OF LAWRENCE v. PLAUT

6 A.D.2d 886 (1958)

In the Matter of Temple Israel of Lawrence, Respondent, v. Roy Plaut, Constituting The Board of Appeals of the Incorporated Village of Lawrence, et al., Appellants

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

July 14, 1958

Order reversed, without costs, and proceeding dismissed, without costs, and without prejudice to the institution of an action or proceeding attacking the constitutionality of the ordinance.

An application for a variance under a zoning ordinance is an appeal to the discretion of the board of appeals conferred on it by the ordinance. By invoking this discretionary power, respondent necessarily conceded, for purposes of the...

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