Legal Opinion

Sundial Asphalt Co. v. Dark

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

Decided May 28, 2002PublishedCited by 4 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR article 78 to review a determina*586tion of the Board of Zoning Appeals of the Town of Brookhaven, dated March 25, 1998, which, inter alia, denied the petitioner’s application for a use variance for the operation of a concrete crusher, the petitioner appeals from so much of a judgment of the Supreme Court, Suffolk County (Pitts, J.), dated January 4, 2001, as confirmed the determination of the Board of Zoning Appeals of the Town of Brookhaven denying the use variance and dismissed the proceeding with respect thereto.

Ordered that the judgment is affirmed insofar…

2Cases cited7 opinions

  1. Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
  2. Fuhst v. FoleyNew York Court of Appeals · 1978
  3. Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
  4. Toys" R" US v. SilvaNew York Court of Appeals · 1996
  5. Village Board v. JarroldNew York Court of Appeals · 1981

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

3Cited by4 opinions

  1. Matter of C & B Realty 3, LLC v. Van LoanAppellate Division of the Supreme Court of the State of New York · 2022
  2. Matter of Andes v. Zoning Bd. of Appeals of the Town of RiverheadAppellate Division of the Supreme Court of the State of New York · 2023
  3. Matter of Gez v. Town of Greenburgh Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2026
  4. Pantelidis v. New York City Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 2007

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