MATTER OF MINDICH DEVELOPERS, INC. v. HUNZIKER


105 A.D.2d 749 (1984)

In the Matter of Mindich Developers, Inc., Respondent, v. Frederick J. Hunziker, Jr., et al., Appellants

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

November 13, 1984


Judgment affirmed, with costs.

There is no indication in the record that any restrictions were placed by the Planning Commission of the City of Rye on the development of the subject lot. As the plans submitted by petitioner were in compliance with the Rye City Code and were approved by the board of architectural review, a building permit should have been issued. Accordingly, the city council does not have the authority to prohibit the issuance...

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