# Conners v. Zoning Board of Appeals

> Appellate Division of the Supreme Court of the State of New York · April 20, 1998 · 249 A.D.2d 473

URL: https://www.frixlaw.com/law-library/cases/6024538

## Case

- **Full name:** In the Matter of Patricia C. Conners v. Zoning Board of Appeals of the Town of Hempstead, and Channel View Realty Corp., Intervenor-Respondent
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** April 20, 1998
- **Citations:** 249 A.D.2d 473; 671 N.Y.S.2d 307; 1998 N.Y. App. Div. LEXIS 4286
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 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/6024538

## Opinion text

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Town of Hempstead, dated May 22, 1996, which, after a hearing, inter alia, granted the intervenorrespondent, Channel View Realty Corp., variances to construct an addition to an existing restaurant and to use part of the premises for outdoor dining, the petitioners appeal from a judgment of the Supreme Court, Nassau County (Phelan, J.), dated January 30, 1997, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
The determination of the respondent Zoning Board of Appeals of the Town of Hempstead to grant variances to the intervenor-respondent Channel View Realty Corp. was rationally based and thus was neither arbitrary nor capricious. Accordingly, the petition was properly denied and the proceeding dismissed (see, Matter of Fuhst v Foley, 45 NY2d 441 ). Bracken, J. P., Santucci, Goldstein and McGinity, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6024538. Public record. Not legal advice.