Legal Opinion
Newman v. Zoning Board of Appeals of Yorktown
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 1986PublishedCited by 4 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Yorktown, dated November 2, 1984, which granted the application of the respondent Solomon Silver for a variance, the petitioners appeal from a judgment of the Supreme Court, Westchester County (Martin, J.), dated March 15, 1985, which dismissed the petition.
Judgment affirmed, with one bill of costs.
The decision of a zoning board will be sustained if it has a rational basis and is supported by substantial evidence (see, Matter of Fuhst v Foley, 45 NY2d 441; Matter of Cowan v…
2Cases cited10 opinions
- Fuhst v. FoleyNew York Court of Appeals · 1978
- Conley v. Town of Brookhaven Zoning Board of AppealsNew York Court of Appeals · 1976
- Human Development Services of Port Chester, Inc. v. Zoning Board of AppealsNew York Court of Appeals · 1986
- Human Development Services of Port Chester, Inc. v. Zoning Board of Appeals of Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1985
- Frishman v. SchmidtNew York Court of Appeals · 1984
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3Cited by4 opinions
- Terra Homes, Inc. v. RoseAppellate Division of the Supreme Court of the State of New York · 1987
- Northern Dutchess Rod & Gun Club, Inc. v. Town of RhinebeckAppellate Division of the Supreme Court of the State of New York · 2006
- Matter of Lawrence Union Free Sch. Dist. v. Town of Hempstead Indus. Dev. AgencyAppellate Division of the Supreme Court of the State of New York · 2021
- Zamiara v. CutriAppellate Division of the Supreme Court of the State of New York · 1987