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MATTER OF VON KOHORN v. MORRELL

9 N.Y.2d 27 (1961)

In the Matter of Ralph Von Kohorn, Respondent, v. Herbert K. Morrell et al., Constituting the Board of Appeals of the City of White Plains, et al., Appellants. In the Matter of Jacquin A. Bindamin et al., Respondents, v. Herbert K. Morrell et al., Constituting the Board of Appeals of the City of White Plains, et al., Appellants.

Court of Appeals of the State of New York.

Decided January 12, 1961.

Attorney(s) appearing for the Case

William McKinley, Corporation Counsel (Santi L. Carnevali of counsel), for Board of Appeals of the City of White Plains and the City of White Plains, appellants.

Thomas F. Croake and William F. Ranscht for Young Women's Christian Association of White Plains and Central Westchester, appellant.

Ira M. Millstein and Marshall C. Berger for respondent in the first above-entitled proceeding.

Joseph W. Genzardi for Jacquin A. Bindamin and others, respondents in the second above-entitled proceeding.

Judges DYE, FROESSEL, BURKE and FOSTER concur with Chief Judge DESMOND; Judges FULD and VAN VOORHIS dissent and vote to affirm the unanimous order of the Appellate Division for the reasons stated in that court's memorandum.

Chief Judge DESMOND.

The Appellate Division as its reasons for reversal first stated that the proposed Y. W. C. A. building would not be a nonprofit "membership club" use within the meaning of the White Plains Zoning Ordinance, then said without specification that "there is no support in the record for a number of findings made, and required to be made, by the board". We think that neither of those positions was...

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