ELLENTUCK v. KLEIN

No. 69, Docket 77-7209.

570 F.2d 414 (1978)

Irving ELLENTUCK and Mildred Ellentuck, Mark R. Bryce and Roberta Bryce, A. Gerard Hyde, Saul Novak and Phyllis Novak, Leonard Savino and Kevin P. Wilkinson and Margaret Wilkinson, on their own behalf and on behalf of other adjoining property owners who objected to and object to the granting of a variance to the subject premises permitting a Class A multiple dwelling therein, and all others similarly situated, Plaintiffs-Appellants, v. Joseph B. KLEIN, Philip Agusta, Howard B. Hornstein, Henry M. Carroll and John P. Walsh, as Commissioners constituting the Board of Standards and Appeals of the City of New York, Philip Agusta, Henry M. Carroll and John B. Walsh, Individually, Jeremiah T. Walsh as Commissioner of Buildings of the City of New York, H. Irving Sigman, as Borough Superintendent of the Borough of Queens, and Individually, Erling Karlsen, as Inspector of the Department of Buildings of the City of New York and Individually, Joseph Stein, as former Commissioner of Buildings of the City of New York, Kimball Construction Co. Inc., John Kimball and Marie A. Kimball, as officers and directors of the Kimball Construction Co. Inc., and Individually, Richmond Hill Savings Bank, Julius Granirer, the Honorables M. Henry Martuscello, Henry J. Latham, John P. Cohalan, Jr., Samuel Rabin and Vito J. Titone, as Justices of the Supreme Court of the State of New York, Appellate Division, Second Department, and the Honorable Alfred D. Lerner, as Judge of the Supreme Court of the State of New York, County of Queens, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 4, 1978.


Attorney(s) appearing for the Case

Dora Aberlin, New York City, for plaintiffs-appellants.

Ronald E. Sternberg, New York City (W. Bernard Richland, Corp. Counsel, L. Kevin Sheridan, New York City, of counsel), for municipal appellees.

Sheldon Lobel, Woodside, N. Y. (David B. Kweller, Woodside, N. Y., of counsel), for appellees Kimball Const. Co., Inc., John Kimball and Marie Kimball.

Lincoln D. Harkow, Jamaica, N. Y. (Frey & Harkow, Jamaica, N. Y., of counsel), for appellees Richmond Hill Sav. Bank and Julius Granirer.

Paul E. Dahlman, Deputy Asst. Atty. Gen. of State of N. Y., New York City (Louis J. Lefkowitz, Atty. Gen. of State of N. Y., and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for Justices of the Appellate Division and Supreme Court.

Before LUMBARD, MOORE and FEINBERG, Circuit Judges.


MOORE, Circuit Judge:

Plaintiffs are property owners in Belle Harbor, a seaside section of Queens, New York. Aggrieved by a decision of the Building Department of the City of New York to grant an alteration permit to a builder in the area permitting the conversion of an existing building into a multiple dwelling, they sought to have the permit revoked as contrary to New York law. Their struggles led to a long course of litigation in the courts of the State of New...

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