N. Y. INST. TECH. v. LE BOUTILLIER


33 N.Y.2d 125 (1973)

In the Matter of New York Institute of Technology, Inc., Appellant, v. Thomas Le Boutillier et al., Constituting the Board of Appeals of the Incorporated Village of Old Westbury, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 21, 1973.


Attorney(s) appearing for the Case

Arthur A. Kaye for appellant.

George C. Pratt and Samuel S. Tripp for respondents.

Chief Judge FULD and Judges BURKE, BREITEL, GABRIELLI and JONES concur; Judge WACHTLER taking no part.


JASEN, J.

This is a proceeding pursuant to CPLR article 78 to compel the respondent, Board of Appeals of the Village of Old Westbury, to issue to the petitioner, New York Institute of Technology, a permit to use certain property in the village for general college purposes. We granted leave to appeal to consider whether zoning boards should be afforded greater latitude

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