Case law

John John, LLC v. Planning Board

15 A.D.3d 486 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 2005

In a proceeding pursuant to CPLR article 78 to review two determinations of the Planning Board of the Town of Brookhaven dated November 13, 2002, and December 12, 2002, which, inter alia, granted site plan approval for the … The “ ‘proximity’ allegations in the amended petition were sufficient to establish standing” prima facie (Williams v Hertzwig, 251 AD2d 655, 656 [1998]; see Matter of Sun-Brite Car Wash v Board of Zoning & Appeals of Town

Brown v. German Rock Asphalt Co.

204 A.D. 856 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1922

All concur, except Davis, J., who dissents, upon the authority of Hayman v. City of New York ( 163 App. Div. 195 ); Merwin v. City of Utica (172 id. 51), and Wensley v. City of New York (173 id. 248 ).

Traitel Marble Co. v. Brown Bros.

142 N.Y.S. 1148 · Appellate Division of the Supreme Court of the State of New York · Jul 11, 1913

Marro v. Zoning Board of Appeals

287 A.D.2d 506 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 2001

Co. v Delany, 28 NY2d 449 ; Matter of Il Classico Rest. v Colin, 254 AD2d 418 ; cf., Matter of Off Shore Rest. Corp. v Linden, 30 NY2d 160 ). … NY2d 344, 351-352 ; Matter of Sasso v Osgood, 86 NY2d 374 ; Matter of Tarantino v Zoning Bd. of Appeals, 228 AD2d 511, 512 ).

Itzkowitz v. Town Board of Niagara

139 A.D.2d 932 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 1988

Defendants failed to submit the petition in the article 78 proceeding or any other proof that the claims were identical (see, Weiss v Salamone, 116 AD2d 1009, 1010 ). … City of Gloversville, 175 NY 346 ; Dutcher v Town of Shandaken, 97 AD2d 922 ; Malcuria v Town of Seneca, 84 AD2d 931 , mot to dismiss appeal granted 55 NY2d 1037 ; Fontana v Town of Hempstead, 18 AD2d 1084 , affd 13 NY2d

Leonard v. Planning Board

136 A.D.3d 868 · Appellate Division of the Supreme Court of the State of New York · Feb 17, 2016

Council of Teachers v Board of Coop. Educ. Servs. of Nassau County, 63 NY2d 100, 102 [1984]). … Matter of Riverkeeper, Inc. v Planning Bd. of Town of Southeast, 9 NY3d 219, 228-230 [2007]; Boyles v Town Bd. of Town of Bethlehem, 278 AD2d 688, 691 [2000]; Greenwich Citizens Comm. v Counties of Warren & Washington Indus

Leonard v. Planning Board

136 A.D.3d 868 · Appellate Division of the Supreme Court of the State of New York · Feb 17, 2016

Council of Teachers v Board of Coop. Educ. Servs. of Nassau County, 63 NY2d 100, 102 [1984]). … Matter of Riverkeeper, Inc. v Planning Bd. of Town of Southeast, 9 NY3d 219, 228-230 [2007]; Boyles v Town Bd. of Town of Bethlehem, 278 AD2d 688, 691 [2000]; Greenwich Citizens Comm. v Counties of Warren & Washington Indus

Haberman v. Zoning Board of Appeals

85 A.D.3d 915 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 2011

In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the City of Long Beach dated December 29, 2003, which revoked a building permit previously issued to the petitioners … Duff, Inc. v ASMAC, LLC, 61 AD3d 828 [2009]; Columbus Constr. Co., Inc. v Petrillo Bldrs. Supply Corp., 20 AD3d 383 [2005]). Rivera, J.P., Florio, Dickerson and Eng, JJ., concur.

Schaeffer v. Zoning Board of Appeals

142 A.D.2d 848 · Appellate Division of the Supreme Court of the State of New York · Jul 21, 1988

Petitioner thus applied to respondent Zoning Board of Appeals of the town for a use variance. Following several hearings on the matter, the Board denied the application. … However, under the recent decision of the Court of Appeals in Matter of Parkview Assocs. v City of New York ( 71 NY2d 274, 279 ), it is clear that estoppel cannot be invoked against a zoning board where "reasonable diligence

Nye v. Zoning Board of Appeals

81 A.D.3d 1455 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 2011

In determining whether to grant the second area variance, respondent was required to consider the five factors set forth in *1456 Town Law § 267-b (3) (b) (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 … , 40 AD3d 767, 768 [2007]; Matter of Miller v Zoning Bd. of Appeals of Town of E.

Kodogiannis v. Zoning Board of Appeals

42 A.D.3d 739 · Appellate Division of the Supreme Court of the State of New York · Jul 12, 2007

Assn. v Town of Guilderland, 74 NY2d 372, 376 [1989]). … Corp. v Zoning Bd. of Appeals of Town of Huntington, 97 NY2d 86, 90 [2001]).

People v. Brown & Ross International Distributors, Inc.

131 A.D.2d 960 · Appellate Division of the Supreme Court of the State of New York · Jun 11, 1987

Defendant therefore requests, and the prosecution agrees, that the sentence must be vacated and the matter remitted to County Court for an appropriate hearing (see, People v Gustafson, 101 AD2d 920 ).

Louchheim v. Zoning Board of Appeals

44 A.D.3d 771 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 2007

Matter of Home Depot USA v Baum, 243 AD2d 476, 478 [1997]). … Where, however, as here, the question is one of purely legal interpretation of statutory terms, deference to the zoning board’s interpretation of its zoning ordinance is not required (see Matter of Brancato v Zoning Bd. of

Tharp v. Zoning Board of Appeals

138 A.D.2d 906 · Appellate Division of the Supreme Court of the State of New York · Mar 31, 1988

Appeal from a judgment of the Supreme Court (Brown, J.), entered April 21, 1987 in Saratoga County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent … Hardship is self-created where the applicant for a variance acquired the property subject to the restrictions from which he seeks relief (see, Matter of Romanelli v Bonvouloir, 102 AD2d 872 ).

Cross v. Board of Higher Education

260 A.D. 907 · Appellate Division of the Supreme Court of the State of New York · Nov 1, 1940

Board of Managers v. Lavy Corp.

233 A.D.2d 158 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 1996

Israeli, who was then known to her as a principal of 5th Avenue Park View Ltd., repeatedly called to arrange a meeting with the Board of Managers to discuss development of the units. … Under such circumstances, a likelihood of success can be found even where certain facts are in dispute (see, Sau Thi Ma v Xuan T. Lien, 198 AD2d 186, 186-187 , lv dismissed 83 NY2d 847 ).

Powell v. Board of Higher Education

38 A.D.2d 541 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 1971

(Watson v. Gugino, 204 N. Y. 535, 541 ; Horowitz v. La France Inds., 274 App. Div. 46, 47 .) Having been so employed, he was removable from his post as president at any time. … The only purpose of a hearing would be to require the board to establish good cause for the dismissal.

Aptekar v. Board of Higher Education

66 A.D.2d 630 · Appellate Division of the Supreme Court of the State of New York · Mar 13, 1979

(Matter of Antonopoulou v Beame, 32 NY2d 126, 130 , n.) … Matter of Polishook [Board of Higher Educ.], 62 AD2d 1184 ; Matter of Cohoes City School Dist. v Cohoes Teachers Assn., 40 NY2d 774 .)

Brown v. City of New York

72 A.D. 420 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1902

Supervisors shall and may be retained by the said party of the first part until all such suits or claims for damages as aforesaid shall have been settled, and evidence to that effect furnished to the satisfaction of the Board … This was the doctrine of Cranford v. City of Brooklyn ( 13 App.

Bradley v. Board of Assessment Review

198 A.D.2d 766 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 1993

Assessor of City of Binghamton, 56 AD2d 980 ; see, Farash v Smith, 59 NY2d 952, 955 ; Matter of Elmhurst Towers v Tax Commn., 34 AD2d 570 ; Matter of Niagara Mohawk Power Corp. v Board of Assessors, 18 AD2d 237 ). … Wallington Apts. v Miller, 288 NY 31, 33 , rearg denied 288 NY 672 ; see also, Mobil Oil Corp. v Tax Commn., 60 AD2d 910, 911 ; Matter of Property Portfolio 182 Corp. v Tax Commn., 58 AD2d 650 ).