MATTER OF LACITRA v. FOLEY


20 Misc.2d 922 (1959)

In the Matter of Joseph Lacitra et al., Individually and on Behalf of All Property Owners Similarly Situated, Petitioners, v. Max H. Foley et al., Constituting the Board of Standards and Appeals of the City of New York, et al., Respondents.

Supreme Court, Special Term, Bronx County.

November 19, 1959.


Attorney(s) appearing for the Case

Harry H. Greis for petitioners.

Charles H. Tenney, Corporation Counsel (Rose Schneph of counsel), for Board of Standards and Appeals, respondent.

Mario J. Cusati for Harry Carpman, respondent.


SAMUEL H. HOFSTADTER, J.

The petitioners have instituted this proceeding under article 78 of the Civil Practice Act to restrain the Board of Standards and Appeals from proceeding with an application by a property owner, now pending before it, for a variance of the Zoning Resolution pursuant to subdivision 5 of section 666 of the New York City Charter. The petitioners assert that the board is acting without and in excess of jurisdiction and without due...

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