22 A.D.2d 929 | N.Y. App. Div. | 1964
In ,a proceeding pursuant to article 78 of the former Civil Practice Act, to compel the Building and Zoning Inspector of the Town of Islip to issue to the petitioner a permit to erect and operate a gasoline service station and to install and use gasoline storage tanks on his premises, the said Building Inspector appeals from three orders of the Supreme Court, Suffolk County: (1) an order entered September 25, 1961, which granted the petition and directed him to issue such permit (see 29 Mise 2d 948); (2) an order dated October 30, 1961, which denied his motion “ to renew argument ” upon his application to dismiss the petition; and (3) an order, made February 23, 1962, which: (a) granted petitioner’s motion for reargument of the Building Inspector’s prior motion “to renew argument;” (b) vacated the said order of October 30, 1961; and (c) denied said prior motion on the specific ground that the court considered it “ as a motion to reargue rather than a motion to renew.” Order of February. 23, 1962, made upon reargument, insofar as it denied the Building Inspector’s prior motion to renew his application to dismiss the petition, reversed on the law, without costs; such prior motion to renew is granted; and, upon such renewal, the petition is dismissed, without costs. The findings of fact are affirmed. Appeals from order entered September 25, 1961 and order dated October 30, 1961 dismissed, without costs as academic; such orders were superseded by the last order of February 23, 1962,