# Haberman v. Zoning Board of Appeals

> Appellate Division of the Supreme Court of the State of New York · June 14, 2011 · 85 A.D.3d 915

URL: https://www.frixlaw.com/law-library/cases/5824349

## Case

- **Full name:** In the Matter of Sinclair Haberman v. Zoning Board of Appeals of City of Long Beach
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 14, 2011
- **Citations:** 85 A.D.3d 915; 925 N.Y.S.2d 834
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5824349

## Opinion text

In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the City of Long Beach dated December 29, 2003, which revoked a building permit previously issued to the petitioners/plaintiffs on August 12, 2003, and action, inter alia, for a judgment declaring that the petitioners/ plaintiffs are entitled to the building permit, the appeal is from an order of the Supreme Court, Nassau County (Marber, J.), entered February 1, 2010, which granted the motion of the *916 petitioners/plaintiffs to disqualify the firm of Meyer, Suozzi, English & Klein, EC., as the respondents/defendants’ cocounsel.
Ordered that the order is affirmed, with costs.
Under the circumstances, the Supreme Court providently exercised its discretion in granting the motion to disqualify the firm of Meyer, Suozzi, English & Klein, EC., as cocounsel for the respondents/defendants (see Kassis v Teacher’s Ins. & Annuity Assn., 93 NY2d 611 [1999]; Solow v Grace & Co., 83 NY2d 303 [1994]; M.A.C. Duff, Inc. v ASMAC, LLC, 61 AD3d 828 [2009]; Columbus Constr. Co., Inc. v Petrillo Bldrs. Supply Corp., 20 AD3d 383 [2005]). Rivera, J.P., Florio, Dickerson and Eng, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5824349. Public record. Not legal advice.
