Legal Opinion
Cucci v. Zoning Board of Appeals of the Town of Huntington
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 1989PublishedCited by 8 opinions
1Opinion of the Court
— Proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Town of Huntington, dated November 19, 1987, which after a hearing, denied the petitioner’s application for an area variance.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Initially, we note that the Supreme Court should have disposed of this proceeding on the merits instead of transferring it to this court (see, Town Law § 267 [7]). However, this court will decide the case on the merits in the interest of judicial economy…
2Cases cited5 opinions
- Fuhst v. FoleyNew York Court of Appeals · 1978
- Rembar v. Board of Appeals of East HamptonAppellate Division of the Supreme Court of the State of New York · 1989
- Garcia v. HolzeAppellate Division of the Supreme Court of the State of New York · 1983
- Rogers v. Department of Housing & BuildingsAppellate Division of the Supreme Court of the State of New York · 1958
- Bauer v. Zoning Board of Appeals of YorktownAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by8 opinions
- Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
- Frisenda v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1995
- Carlucci v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 1994
- Brock v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1997
- Delavore v. ScheyerAppellate Division of the Supreme Court of the State of New York · 1995
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