Contracts · MBE-tested
In the Matter of Hempstead Bottling Works Corp., Respondent, against A. Holly Patterson et al., Constituting the Town Board of the Town of Hempstead, Appellants
282 A.D. 1063·New York Supreme Court, Appellate Division·1953·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
In the Matter of Hempstead Bottling Works Corp., Respondent, against A. Holly Patterson et al., Constituting the Town Board of the Town of Hempstead, Appellants.
[MAJORITY]
In a proceeding pursuant to article 78 of the Civil Practice Act, respondents, constituting the Town Board of the Town of Hemp-stead, appeal from an order, which annulled its determination denying petitioner’s application for a zoning “ variance.” The order appealed from remitted the proceeding to the said board for further consideration and determination. Appeal dismissed, with $10 costs and disbursements. The order is not appeal-able. (Civ. Prac. Act, § 1304; Matter of Bly v. Witmer, 263 App. Div. 1069; Matter of Francisco v. O’Connell, 274 App. Div. 796.) Present — Nolan, P. J., Wenzel, MacCrate, Schmidt and Beldoek, JJ.