MATTER OF DYL & DYL DEV. CORP. v. BLDG. DEP'T OF THE CITY OF YONKERS BY THE ACTING SUPERINTENDENT OF BLDGS.


31 A.D.2d 818 (1969)

In the Matter of Dyl & Dyl Development Corp. et al., Respondents, v. Building Department of the City of Yonkers by the Acting Superintendent of Buildings, Appellant

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

February 13, 1969


Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term for further proceedings in accordance herewith.

In the instant proceeding, no decision was rendered by Special Term in connection with its order directing the issuance of the building permit. There is thus no manner in which we can determine whether in making its order Special Term considered the effect of an amendment to the zoning ordinance passed after the proceeding had been...

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