Legal Opinion
Manzi Homes, Inc. v. Trotta
Appellate Division of the Supreme Court of the State of New York
Decided September 17, 2001PublishedCited by 2 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 Brookhaven, dated November 9, 1999, which denied the petitioner’s application for an area variance, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Mullen, J.), dated May 23, 2000, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
The determination of a zoning board will be upheld provided that it is not illegal, arbitrary and capricious, or an abuse of discretion (see, Matter of Shorelands,…
2Cases cited6 opinions
- Toys" R" US v. SilvaNew York Court of Appeals · 1996
- Pelham Esplanade, Inc. v. Board of TrusteesNew York Court of Appeals · 1990
- New Venture Realty, Ltd. v. FennellAppellate Division of the Supreme Court of the State of New York · 1994
- Shorelands, Inc. v. MatthewAppellate Division of the Supreme Court of the State of New York · 1996
- Saladino v. FernanAppellate Division of the Supreme Court of the State of New York · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Merlotto v. Town of Patterson Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2007
- Marino v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 2009