Legal Opinion

Fiume v. Chadwick

New York Supreme Court

Decided April 16, 2007Published

1Opinion of the Court

OPINION OF THE COURT

Eugene E. Peckham, J.

The matter before the court is a complaint for injunctive relief, which will be treated as a motion for a prehminary injunction. A temporary restraining order was issued and oral argument was heard on March 22, 2007.

The request for a preliminary injunction is based upon a separate CPLR article 78 proceeding commenced to review actions of the Binghamton City Planning Commission (hereafter PC) and Zoning Board of Appeals (hereafter ZBA) granting a special use permit, series a site plan review, and use variance to construct a 32-unit senior housing…

2Cases cited12 opinions

  1. Red Hook/Gowanus Chamber of Commerce v. New York City Board of StandardsNew York Court of Appeals · 2005
  2. Manupella v. Troy City Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2000
  3. O'Connell v. Zoning Board of Appeals of New ScotlandAppellate Division of the Supreme Court of the State of New York · 1999
  4. South Shore Audubon Society, Inc. v. Board of Zoning Appeals of HempsteadAppellate Division of the Supreme Court of the State of New York · 1992
  5. Amodeo v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1998

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