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Matter of Collins v. Behan

Court of Appeals of the State of New York
Mar 13, 1941
285 N.Y. 187 (N.Y. 1941)


Argued January 9, 1941

Decided March 13, 1941

Appeal from the Supreme Court, Appellate Division, Third Department.

Lindsley McChesney for appellants. Frank S. Parmenter, Corporation Counsel ( John P. Judge of counsel) for Board of Zoning Appeals, respondent.

James T. Foley for intervener, respondent.

The record of the proceeding which resulted in the determination here presented for review is so inadequate that intelligent review is impossible. We cannot tell whether the determination is based upon such evidence as appears in the record, which is insufficient ( Otto v. Steinhilber, 282 N.Y. 71, 76) or upon evidence not contained therein, which appears to be the case. To review a determination made by an administrative board there must be presented a record of all the evidence upon which the determination is based. The record must indicate the factual basis of the determination made. ( Matter of New York Water Service Corp. v. Water P. C. Commission, 283 N.Y. 23; Matter of Guernsey Breeders Co-op. v. Noyes, 284 N.Y. 197.)

The order of the Appellate Division should be reversed and the determination of the Board of Zoning Appeals annulled, with costs to petitioners in all courts, and the proceeding remitted to the Board of Zoning Appeals with instructions to make findings of fact in support of whatever determination it may reach on the evidence, with leave to petitioners and to the intervener to introduce further evidence upon another hearing, if another hearing be had.


Ordered accordingly.

Summaries of

Matter of Collins v. Behan

Court of Appeals of the State of New York
Mar 13, 1941
285 N.Y. 187 (N.Y. 1941)
Case details for

Matter of Collins v. Behan

Case Details

Full title:In the Matter of CHARLES E. COLLINS et al., Doing Business under the Name…

Court:Court of Appeals of the State of New York

Date published: Mar 13, 1941


285 N.Y. 187 (N.Y. 1941)
33 N.E.2d 86

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