MATTER OF SHANE v. KERN


31 A.D.2d 654 (1968)

In the Matter of Charles Shane, Jr., et al., Appellants, v. Roy Kern et al., Constituting The Board of Zoning Appeals of the Town of Smithtown, Respondents

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

December 23, 1968


Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term for a hearing and determination de novo on the basis of the proof adduced at the hearing.

No questions of fact have been considered. The reasons stated for the board's denial of a special exception are proper, but there is no evidence in the record sufficient to support those conclusions (cf. Matter of Shell Oil Co. v. Farrington, 21 A.D.2d 794...

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