Carlucci v. Board of Zoning Appeals
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Philipstown filed July 18, 1992, which, after a hearing, denied the petitioner’s request for an area variance.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
Initially, we note that the Supreme Court should have disposed of the proceeding on the merits instead of transferring it to this Court (see, Town Law § 267 [7]). However, this Court will decide the case on the merits in the interest of judicial economy…
2Cases cited9 opinions
- Fuhst v. FoleyNew York Court of Appeals · 1978
- CDK Restaurant, Inc. v. KrucklinAppellate Division of the Supreme Court of the State of New York · 1986
- Cucci v. Zoning Board of Appeals of the Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1989
- Nammack v. KrucklinAppellate Division of the Supreme Court of the State of New York · 1989
- J.T.T. Contractors, Inc. v. WardAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by7 opinions
- Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
- Milt-Nik Land Corp. v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2005
- Country Glen Associates v. NewburgerAppellate Division of the Supreme Court of the State of New York · 2003
- Rosewood Home Builders, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2005
- Matter of Dutt v. BowersAppellate Division of the Supreme Court of the State of New York · 2022
2 more not listed; retrieve them via the Exa API.