MATTER OF C. DE MASCO SCRAP IRON & METAL CORP. v. Zirk
414 N.Y.S.2d 516 · New York Court of Appeals · Feb 6, 1979
Full text
In the Matter of C. De Masco Scrap Iron & Metal Corp., Respondent, v. Herbert Zirk, as Chief Building Inspector of the Town of Babylon, Et Al., Appellants; In the Matter of Raymond Allmendinger Et Al., Constituting the Town Board of the Town of Babylon, Appellants, v. Harold Ziegner Et Al., Constituting the Zoning Board of Appeals of the Town of Babylon, Respondents, and C. De Masco Scrap Iron & Metal Corp., Intervenor-Respondent
OPINION OF THE COURT
In Matter of De Masco Scrap Iron & Metal Corp. v Zirk: Order affirmed, with costs, for the reasons stated in the *867 opinion by Mr. Justice Joseph F. Hawkins at the Appellate Division (62 AD2d 92).
In Matter of Allmendinger v Ziegner: Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (62 AD2d 1053).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg.
Appellate Division of the Supreme Court of New York · Jul 30, 1979
Parentheticals
Court refused to enforce zoning amendment against applicant because it was enacted while the Planning Board unreasonably delayed consideration of an as-of-right site plan application which was pending