# Board of Fire Commissioners of Tappan Fire District v. Planning Board of Orangetown

> Appellate Division of the Supreme Court of the State of New York · September 28, 1998 · 253 A.D.2d 875

URL: https://www.frixlaw.com/law-library/cases/6028836

## Case

- **Full name:** In the Matter of Board of Fire Commissioners of Tappan Fire District v. Planning Board of Town of Orangetown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** September 28, 1998
- **Citations:** 253 A.D.2d 875; 678 N.Y.S.2d 508; 1998 N.Y. App. Div. LEXIS 9822
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 later opinions in the Frix Law Library

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6028836

## Opinion text

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Planning Board of the Town of Orangetown, dated June 12, 1996, which denied the petitioner’s application for preliminary site-plan approval, the petitioner appeals from a judgment of the Supreme Court, Rockland County (Weiner, J.), dated September 2, 1997, which dismissed the petition.
Ordered that the judgment is affirmed, without costs or disbursements.
*876 There is insufficient evidence to establish that, under the “ ‘balancing of public interests’ * * * test” propounded by the Court of Appeals in Matter of County of Monroe (City of Rochester) ( 72 NY2d 338, 341 ), the appellant is entitled to proceed with its plan to construct a driveway and additional parking spaces for its fire station without the site plan approval which would ordinarily be required. We note that the respondent, in its determination, merely indicated a preferred location for the parking spaces in question, and did not totally preclude the construction of a parking area. Bracken, J. P., Rosenblatt, Ritter and Florio, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6028836. Public record. Not legal advice.