From Casetext: Smarter Legal Research

Matter of Mandell v. Purcell

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1976
54 A.D.2d 935 (N.Y. App. Div. 1976)

Opinion

November 8, 1976


In a proceeding pursuant to CPLR article 78 to review respondents' determination, dated October 14, 1975 and made after a hearing, granting a special exception permit to the Hewlett House of Tires Corp., petitioners appeal from a judgment of the Supreme Court, Nassau County, entered April 2, 1976, which dismissed the proceeding. Judgment affirmed, with costs. The function of a court in reviewing the determination of an administrative body is limited to the question of whether the conclusion arrived at by that body has any reasonable basis in fact, based upon the record before it. We perceive nothing in the record on this appeal to warrant a disturbance of the conclusion of the respondent town board. Hopkins, Acting P.J., Damiani, Rabin, Shapiro and Hawkins, JJ., concur.


Summaries of

Matter of Mandell v. Purcell

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1976
54 A.D.2d 935 (N.Y. App. Div. 1976)
Case details for

Matter of Mandell v. Purcell

Case Details

Full title:In the Matter of SAMUEL MANDELL et al., Appellants, v. FRANCIS T. PURCELL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 8, 1976

Citations

54 A.D.2d 935 (N.Y. App. Div. 1976)

Citing Cases

Pistol Clubs v. McGuire

The courts will not countermand the discretionary act of an administrative body unless the determination…

Matter of C.C.L.S., Inc. v. Baruch

Without any information in the record, this court cannot review appellants' claim with respect to the…