Legal Opinion
Gentile v. Village of Tuckahoe Zoning Board of Appeals
Appellate Division of the Supreme Court of the State of New York
Decided August 23, 2011PublishedCited by 5 opinions
1Opinion of the Court
The petitioners are the owners of residential premises located in the Village of Tuckahoe. In 2001 they applied for a permit, inter alia, to reconstruct the existing retaining walls in their backyard. During the process of reconstructing the retaining walls, the petitioners also reconstructed a curved, existing exterior stairway in the backyard. In 2006 it was discovered that the stairway was in violation of the Village of Tuckahoe Zoning Code, which required that “no side yard shall be less than four feet in width” (Village of Tuckahoe Zoning Code § 2-4.4 [f] [2]).
The petitioners filed an…
2Cases cited5 opinions
- St. Onge v. DonovanNew York Court of Appeals · 1988
- Pearson v. ShoemakerNew York Supreme Court · 1960
- Baker v. BrownlieAppellate Division of the Supreme Court of the State of New York · 2000
- Martin v. Brookhaven Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2006
- De Nicola v. ScarpelliAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by5 opinions
- Matter of Youngewirth v. Town of Ramapo Town Bd.Appellate Division of the Supreme Court of the State of New York · 2017
- DeFalco v. DeChanceDistrict Court, E.D. New York · 2013
- Matter of Camarda v. UbertAppellate Division of the Supreme Court of the State of New York · 2025
- Yu v. GentileAppellate Division of the Supreme Court of the State of New York · 2012
- Yu v. GentileAppellate Division of the Supreme Court of the State of New York · 2012