# Ferman v. Board of Appeals

> Appellate Division of the Supreme Court of the State of New York · April 23, 1979 · 69 A.D.2d 882

URL: https://www.frixlaw.com/law-library/cases/5833559

## Case

- **Full name:** In the Matter of Raymond Ferman v. Board of Appeals, Incorporated Village of Sea Cliff, Nassau County
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** April 23, 1979
- **Citations:** 69 A.D.2d 882; 415 N.Y.S.2d 469; 1979 N.Y. App. Div. LEXIS 11614
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Suozzi
- **Cited by:** 2 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/5833559

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5833559. Public record. Not legal advice.