Opinion

Icahn v. Board of Zoning Appeals

  • 268 A.D.2d 475
  • 701 N.Y.S.2d 920
  • 2000 N.Y. App. Div. LEXIS 621
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jan 18, 2000
Status
Published
Cited by
2 cases
Authority
More cited than 61.0%

The opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Village of East Hampton, dated January 10, 1997, which, after a hearing, granted the application of the respondent Nathan L. Halpern to revoke a building permit issued to the petitioner and directed the petitioner to remove a patio, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Costello, J.), entered January 19, 1999, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The petitioner’s argument that the application of the respondent Nathan L. Halpern before the Board of Zoning Appeals of the Village of East Hampton was untimely was not made before that agency and, therefore, is not properly before this Court (see, Matter of Hughes v Suffolk County Dept. of Civ. Serv., 74 *476 NY2d 833 ; Matter of Klapak v Blum, 65 NY2d 670 ). In any event, the argument is without merit (see, Matter of Pansa v Damiano, 14 NY2d 356 ; cf., Matter of Parkview Assocs. v City of New York, 71 NY2d 274 , cert denied 488 US 901 ).

The petitioner’s remaining argument is similarly not properly before the Court and, in any event, is without merit. Ritter, J. P., Altman, Schmidt and Smith, 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.