MATTER OF SCHIMMEL v. KEMPNER


13 A.D.2d 781 (1961)

In the Matter of Herbert D. Schimmel, Appellant, v. Stanley W. Kempner et al., Constituting The Board of Zoning Appeals of the Town of Harrison, et al., Respondents

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

May 1, 1961


Order reversed on the law, with costs; petition granted to the extent of annulling the Zoning Board's determination; and matter remanded to the board for further proceedings not inconsistent herewith.

The facts have not been considered. From the record it would appear that the board failed to serve or file its return and that it failed to make any findings of fact when it granted the variance. In the absence of a return sufficient to establish that there was proof...

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