Legal Opinion

450 Sunrise Highway, L. L. C. v. Town of Oyster Bay

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

Decided October 29, 2001PublishedCited by 5 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 Oyster Bay, dated May 21, 1999, which denied the petitioner’s application for site plan approval, the appeal is from a judgment of the Supreme Court, Nassau County (Franco, J.), entered June 26, 2000, which granted the petition and annulled the determination.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly annulled the determination of the Zoning Board of Appeals of the Town of Oyster Bay (hereinafter the ZBA). While scientific or expert testimony is…

2Cases cited6 opinions

  1. MATTER OF TWIN COUNTY RECYCLING CORP. v. YevoliNew York Court of Appeals · 1997
  2. Chernick v. McGowanAppellate Division of the Supreme Court of the State of New York · 1997
  3. Framike Realty Corp. v. HinckAppellate Division of the Supreme Court of the State of New York · 1995
  4. Holbrook Associates Development Co. v. McGowanAppellate Division of the Supreme Court of the State of New York · 1999
  5. Huntington Health Care Partnership v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1987

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Gonzalez v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2004
  2. Millennium Custom Homes, Inc. v. YoungAppellate Division of the Supreme Court of the State of New York · 2009
  3. Fagan v. ColsonAppellate Division of the Supreme Court of the State of New York · 2008
  4. Moy v. Board of Town TrusteesAppellate Division of the Supreme Court of the State of New York · 2009
  5. Pecoraro v. Board of Appeals of Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2003

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