(DOWNLOAD) "Matter Incorporated Village Farmingdale v. Lester Inglis Et Al." by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Incorporated Village Farmingdale v. Lester Inglis Et Al.
- Author : Supreme Court of New York
- Release Date : January 09, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
In a proceeding under article 78 of the Civil Practice Act: (1) to annul a determination of the respondent Nassau County Planning Commission, made April 4, 1961, which adhered to its determination of February 28, 1961, and disapproved a rezoning resolution of the petitioner, the Incorporated Village of Farmingdale; and (2) for a judgment to declare such determination to be illegal and beyond said respondent's jurisdiction, the parties cross appeal from so much of an order of the Supreme Court, Nassau County, entered July 7, 1961, upon the decision of the court, as declared that no submission to the respondent commission and its clerk was made as required by statute (County Government Law of Nassau County, § 1608) and as directed such submission. The petitioner also appeals from the denial ""otherwise"" of its application by such order. Order modified on the law by striking out the provision declaring that no submission was made and directing such submission, and by substituting therefor a provision dismissing the proceeding. As so modified, the order, insofar as it ""otherwise"" denied petitioner's application, is affirmed, without costs. The facts are affirmed. The commission's disapproval of the village zoning amendment on February 28, 1961 was a valid determination made in conformity with section 1608 of the County Government Law of Nassau County, otherwise known as the Nassau County Charter. There being one vacancy, such disapproval was accomplished by four members of the five-member commission. The doctrine announced in People ex rel. Henry v. Nostrand (46 N. Y. 375, 383), as distinguished in People ex rel. Kingsland v. Palmer (52 N. Y. 83, 87) and in People ex rel. Howlett v. Mayor (63 N. Y. 291, 297), is no longer relevant. So far as it related to members of a commission numbering three or more whose appointments to vacancies could be readily made, its application required, as a prerequisite to a valid determination, the meeting and consultation of a full complement of commissioners, even though the actual decision was then made by a majority only. That doctrine was founded upon a statute (2 Rev. Stat. of N. Y., part III, ch. VIII,