Majority
p. 752In the Matter of the Application of the Town of Woodbury, in the County of Orange, State of New York, and of William A. McClellan and Others, Constituting the Board of Health of Said Town, Petitioners, for a Certiorari Order against Matthias Nicoll, Jr., and Others, Constituting the Board of Appeals Provided under Section 319 of the Public Health Law[1] of the State of New York, Defendants.
Determination confirmed, with fifty dollars costs and disbursements. All concur, except Hinman, J., who dissents and votes to annul the determination and to remit the matter, on the ground that the board of appeals misconceived its powers when it refused to determine any question except whether the site was suitable to the hospital; there being a further duty on the part of the board to determine whether the hospital should be established in the particular town proposed by the petition. McNamee, J., not voting.