1. Home
  2. Browse Decisions
  3. Misc.2d
  4. 64 Misc.2d
  5. 64 Misc.2d 40 (1970)
 

MTR. OF LEVIEN v. BD. OF ZONING

64 Misc.2d 40 (1970)

In the Matter of Philip J. Levien et al., Petitioners, v. Board of Zoning and Appeals of Incorporated Village of Russell Gardens et al., Respondents.

Supreme Court, Special Term, Nassau County.

September 4, 1970

Attorney(s) appearing for the Case

Dreyer & Traub (Samuel Kirschenbaum of counsel), for petitioners. Irving Levine for respondents.

BERNARD S. MEYER, J.

The papers on this motion to dismiss an article 78 proceeding are somewhat confused because respondents' counsel has misconceived the applicability to such a proceeding of CPLR 3211 (subd. [c]) and put into his supporting affidavits much of the pleading and evidence that should have gone into an answer and return. An article 78 proceeding is a special proceeding (CPLR 7804, subd. [a]), intended...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases