31 N.Y.2d at 897 cited at this page · 4 citing cases
- Matter of Jeter v. Poole, 2024 NY Slip Op 05868 (N.Y. 2024). Corp. , 62 NY2d 19, 28—29 [1984], Mayer v City Rent Agency , 46 NY2d 139, 149 [1978], Matter of Tartaglia v McLaughlin , 297 NY 419 [1948], and Quaker Oats Co. v City of New York , 295 NY 527, 536 [1946]; see also Arthur Karger, Powers of…
- Krause v. Piccozzi, 106 A.D.3d 1007 (N.Y. App. Div. 2d Dep't 2013). Generally, a court must apply the zoning ordinance as it exists at the time a decision is rendered (see Matter of Pokoik v Silsdorf, 40 NY2d 769, 772-773 [1976]; Matter of Demisay, Inc. v Petito, 31 NY2d 896, 897 [1972]; Matter of BBJ Asso…
- Yatauro v. Mangano, 87 A.D.3d 582 (N.Y. App. Div. 2011). The principle that an appellate court must apply the law as it exists at the time an appeal is decided is inapplicable to the circumstances here, since the subsequently enacted Local Law 7-2011 is not dispositive of the issue before us, na…
- Solomon v. Dep't of Bldgs., 46 A.D.3d 370 (N.Y. App. Div. 1st Dep't 2007).Just as a reviewing court rules on the basis of the law in effect at the time of the decision (see Matter of Demisay, Inc. v Petito, 31 NY2d 896, 897 [1972]), “a change of law pending an administrative hearing must be followed in relation…
Other citing cases
- Baldassare v. Plan. Bd. of Ithaca, 200 A.D.2d 948 (N.Y. App. Div. 3d Dep't 1994).
v.
Michael N. Petito, Constituting the Town Board of the Town of Oyster Bay
Order reversed, without costs, and the petition dismissed in the following memorandum: Since the Appellate Division determination, the town has amended its zoning ordinance to exclude nursing homes entirely from the residential zone in which petitioner’s property is located. The court is constrained, therefore, to decide the case on the law at the time of decision (e.g., Matter of Gordon v. Plonski, 9 N Y 2d 886; Matter of Town Bd. of Huntington v. Plonski, 13 A D 2d 704, affd. 10 N Y 2d 1035; Matter of Lunden v. Petito, 30 A D 2d 820). This determination, however, is without passing on and without prejudice to the constitutional issue raised on argument by petitioner, there being no basis in the record made before the change in law took place.
Concur: Chief. Judge Fuld and Judges Burk;?, ScruEPPi, Bergan, Breitel, Jasen and Gibson.