Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MATTER EAST BAY DEVELOPMENT CORPORATION v. FRANKLIN BEAR ET AL. (01/15/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1969.NY.40147 <http://www.versuslaw.com>; 298 N.Y.S.2d 907; 31 A.D.2d 756 January 15, 1969 IN THE MATTER OF EAST BAY DEVELOPMENT CORPORATION, PETITIONER,v.FRANKLIN BEAR ET AL., CONSTITUTING THE NASSAU COUNTY PLANNING COMMISSION, ET AL., RESPONDENTS Beldock, P. J., Christ, Brennan, Munder and Martuscello, JJ., concur.


Beldock, P. J., Christ, Brennan, Munder and Martuscello, JJ., concur.

Motion by petitioner to clarify decision of this court dated October 21, 1968, and for alternative relief. Motion granted to the following extent: Decision dated October 21, 1968 (30 A.D.2d 973) amended by adding the following language at the end of the final paragraph thereof: "If, on the other hand, it should appear that there were two separate and distinct grounds for the Commission's refusal, the mere fact that petitioner can comply with the 100-foot requirement would not appear to warrant the annulment because we cannot say, on the record before us, that the Commission acted arbitrarily in finding that there had not been such a change in circumstances as to warrant the annulment." Order of the same date amended accordingly.

Disposition

In all other respects motion denied.

19690115

© 1998 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.