Legal Opinion
Opn. No.
New York Attorney General Reports
Decided August 30, 1982Published
1Opinion of the Court
A. Thomas Levin, Esq. Village Attorney, Great Neck
You have asked what options are available to a village in the event that a zoning board of appeals is unable to take action on a particular matter because three of the five members of the board refrain from voting on that issue due to conflicts of interests.
A zoning board of appeals reviews determinations made by the administrative official charged with enforcing zoning regulations and decides other matters referred to it by local law (Village Law, §7-712[2]). The board may consist of three or five members who are appointed by the board of…
2Cases cited3 opinions
- Town of Smithtown v. HowellNew York Court of Appeals · 1972
- Sherman v. FrazierAppellate Division of the Supreme Court of the State of New York · 1982
- Walt Whitman Game Room Inc. v. Zoning Board of Appeals of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1976