Opinion

Falk v. Village of Scarsdale Zoning Board of Appeals

  • 254 A.D.2d 358
  • 678 N.Y.S.2d 299
  • 1998 N.Y. App. Div. LEXIS 10798
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Oct 13, 1998
Status
Published
Cited by
6 cases
Authority
More cited than 80.6%

The opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Village of Scarsdale, dated July 23, 1997, which, after a hearing, denied the petitioner’s request for permission to install an auxiliary standby electric generator, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Lange, J.), entered January 9, 1998, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioner failed to show that the determination by the Zoning Board of Appeals of the Village of Scarsdale that his proposed stationary standby generator was not a customary incidental use in an A-l residential district, and denying him permission to install it, was arbitrary, capricious, or irrational (see, Matter of JIJ Realty Corp. v Costello, 239 AD2d 580 ; Matter of Burke v Denison, 218 AD2d 894 ; Matter of Moody Hill Farms v Zoning Bd. of Appeals, 199 AD2d 954 ).

The petitioner’s claims under the Americans with Disabilities Act and the Fair Housing Act, which were raised for the first time in his reply papers, are not properly before this Court (see, Turkish Airlines v American Airlines, 249 AD2d 463 ; Galatti v Alliance Funding Co., 228 AD2d 550 ). In any event, the unsworn and vague statements by the petitioner’s mother’s physician are insufficient to make even a prima facie showing of the existence of a meritorious claim under either statute. Mangano, P. J., Sullivan, Florio and McGinity, 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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.