COOR DEV. CORP. v. WEBER


41 A.D.2d 689 (1973)

Coor Development Corp., Appellant, v. Daniel Weber, as Supervisor of The Town of Cheektowaga, et al., Respondents

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

February 23, 1973


Appeal unanimously dismissed, without costs.

Memorandum:

Under the order appealed from petitioner's application to the Town Board is remanded to the board to take proof at a new hearing and to make a determination on the proof presented. Such further action as directed requires the exercise of quasi-judicial responsibility with respect to the issues and, therefore, it is not ministerial in character. (See Matter of American Holding Corp. v. Murdock...

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