MATTER OF BLACK v. BD. OF APPEALS OF THE INC. VILL. OF WESTBURY


33 A.D.2d 916 (1970)

In the Matter of Robert Black et al., Copartners Doing Business as Westbury Gardens Co., Appellants, v. Board of Appeals of the Incorporated Village of Westbury, Respondent

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

January 19, 1970


Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term for review of respondent's determination on the merits.

Respondent has the power pursuant to section 50-149 of the Village of Westbury Amended Building Zone Ordinance to determine whether or not to grant a use variance with respect to substandard building plots in a residential area, for use as an entrance to and exit from an apartment house complex. The Special Term is required...

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