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Penn Advertising, Inc. v. City Planning Commission

210 A.D.2d 908 Court N.Y. App. Div. Decision date 1994-12-23 Docket Appeal No. 1 English

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p. 908
In the Matter of Penn Advertising, Inc., Syracuse Division, Appellant, v City Planning Commission of Syracuse et al., Respondents.
(Appeal No. 1.)
[621 NYS2d 986]

—Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court, without explanation, annulled the determination of respondents and ordered that a permit be issued for the erection of two off-premises advertising signs. That was error. Respondents’ resolution denying petitioner’s application for a permit to erect the signs is supported by substantial evidence (see, Matter of Cowan v Kern, 41 NY2d 591 , 598). (Appeal from Judgment of Supreme Court, Onondaga County, Mordue, J.—Article 78.) Present—Pine, J. P., Balio, Fallon, Doerr and Boehm, JJ.