Hurley v. Zoning Board of Appeals
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*941There is no merit to the contention of the Zoning Board of Appeals of the Village of Amityville (hereinafter ZBA) that this proceeding is barred by collateral estoppel or res judicata based on its prior unchallenged denial of an application by the petitioner for area variances. A zoning board can entertain a new application when revised plans materially change the aspects of a case (see Matter of Pettit v Board of Appeals of Town of Islip, 160 AD2d 1006, 1007 [1990]; Matter of Freeman v Town of Ithaca Zoning Bd. of Appeals, 61 AD2d 1070 [1978]). Here, the ZBA determined, as supported by the…
2Cases cited10 opinions
- MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
- Ifrah v. UtschigNew York Court of Appeals · 2002
- Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
- Gallo v. RosellAppellate Division of the Supreme Court of the State of New York · 2008
- Berk v. McMahonAppellate Division of the Supreme Court of the State of New York · 2006
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- Estate of Gravino v. YoungAppellate Division of the Supreme Court of the State of New York · 2010
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