Opinion

Ferman v. Board of Appeals

  • 69 A.D.2d 882
  • 415 N.Y.S.2d 469
  • 1979 N.Y. App. Div. LEXIS 11614
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Apr 23, 1979
Status
Published
On the bench
Suozzi
Cited by
2 cases
Authority
More cited than 77.8%

The opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Incorporated Village of Sea Cliff which denied petitioner’s application for a variance, the board appeals from a judgment of the Supreme Court, Nassau County, dated February 3, 1978, which "invali *883 dated” its action and directed it to grant the variance requested. Judgment reversed, on the law, with costs, determination confirmed, and proceeding dismissed on the merits. The determination of the board of appeals denying the petitioner an area variance has a rational basis and is supported by substantial evidence. Therefore, the determination should have been confirmed (see Matter of Fuhst v Foley, 45 NY2d 441 ; Matter of Cowan v Kern, 41 NY2d 591 ). Titone, J. P., Lazer and Cohalan, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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