MATTER OF PIUS v. BLETSCH


70 N.Y.2d 920 (1987)

In the Matter of Donald Pius et al., Respondents, v. Benjamin J. Bletsch, as Director of Engineering, Building and Housing of the Town of Huntington, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 23, 1987.


Attorney(s) appearing for the Case

Herbert A. Smith, Jr., Town Attorney (Patrick A. Sweeney of counsel), for appellants.

Charles T. Matthews for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the petition dismissed.

Contract-purchaser Pius applied to the Town of Huntington Director of Engineering, Building and Housing (Director) for a building permit to construct an office building on property in a commercial zone. Subsequent to a preliminary assessment by the Town's Department of Environmental Control, a positive SEQRA...

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