Legal Opinion

De Marco v. Curcio

Appellate Division of the Supreme Court of the State of New York

Decided October 30, 1989Published

1Opinion of the Court

— In a proceeding pursuant to CPLR article 78 to review an amended determination of the Zoning Board of Appeals of the Town of Babylon, dated August 7, 1986, which denied the petitioner’s application for a variance to construct a one-story extension to a residence and to maintain an existing shed and a five-foot fence, the appeal is from so much of a judgment of the Supreme Court, Suffolk County (Brown, J.), dated March 30, 1988, as annulled the amended determination and directed that the respondents issue an area variance to the petitioner.

*673Ordered that the judgment is reversed insofar as…

2Cases cited10 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. Human Development Services of Port Chester, Inc. v. Zoning Board of AppealsNew York Court of Appeals · 1986
  3. Consolidated Edison Co. v. HoffmanNew York Court of Appeals · 1978
  4. 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
  5. Frishman v. SchmidtNew York Court of Appeals · 1984

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