19 Misc. 2d 562 | N.Y. Sup. Ct. | 1959
This is an article 78 proceeding to review the determination of the Town Board of Oyster Bay in denying petitioner’s application for a permit to maintain a real estate office in his home.
At the time petitioner originally made his application, this was a permitted use, when allowed as a special exception by the Town Board. (See art. 5, § C-l, sub. 8a of the Building Zone Ordinance.)
After a public hearing held on November 18, 1958, the application was denied in an undated decision which forms part of the return.
This proceeding was originally made returnable on February 6, 1959 and then adjourned successively to February 19, February 26 and finally to March 18, when it was submitted to this court for decision. Two of these adjournments, it is said, were requested by petitioner and one by respondent, though which is which, does not appear.
In any event it is conceded that on March 17, 1959, this very section of the ordinance was amended so as to eliminate the provision on which petitioner bases his case.
The court accords no weight to the contention that the Town Board acts as a legislative body in these matters, and this is beyond the reach of judicial review. (Matter of Frantellizzi v. Herman, 1 A D 2d 980.) However it is well settled that no one
Therefore on this record, the merits of petitioner’s original application are not before the court and the application must be denied as a matter of law on the authority of the above ease.
Short-form order signed.
