Stanley Park, Inc. v. Donovan — 32 N.Y.2d 668

Majority

p. 668

In the Matter of Stanley Park, Inc., Respondent, v. John Donovan et al, Constituting the Board of Appeals of the Incorporated Village of Freeport, Appellants.

Argued January 4, 1973;

decided March 15, 1973.

p. 670

Michael Solomon and Oakley Gentry, Jr. for appellants.

Alan Manning Miller for respondent.

Appeal from so much of the order of the Appellate Division as directs appellants to reconsider the portions of petitioner’s application which seek permission to construct and operate a restaurant with a 10-foot setback and to construct and maintain a free-standing sign dismissed, without costs, upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution.

p. 671

Order insofar as it directs appellants to issue the use variance sought by petitioner affirmed, without costs. No opinion.

Concur: Chief Judge Fuld and Judges Burke, Jasen, Gabrielli, Jones and Wachtler. Taking no part: Judge Breitel.