Legal Opinion

Smoke v. Planning Board

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

Decided April 29, 2016Published

1Opinion of the Court

Appeal from a judgment (denominated order) of the Supreme Court, Lewis County (Hugh A. Gilbert, J.), entered December 1, 2014 in a CPLR article 78 proceeding and a declaratory judgment action. The judgment, among other things, denied the relief requested in the petition-complaint.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioners-plaintiffs (petitioners) are owners of land in the Town of Greig (Town) situated in a rural residential district, and they filed a special permit application seeking permission to install 7,600 feet…

2Cases cited16 opinions

  1. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  2. Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
  3. St. Onge v. DonovanNew York Court of Appeals · 1988
  4. DJL Restaurant Corp. v. City of New YorkNew York Court of Appeals · 2001
  5. Dexter v. Town BoardNew York Court of Appeals · 1975

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