Legal Opinion

Pecoraro v. Board of Appeals

New York Court of Appeals

Decided May 4, 2004PublishedCited by 289 opinions

1Opinion of the Court

OPINION OF THE COURT

G.B. Smith, J.

The sole issue presented in this case is whether the Board of Appeals of the Town of Hempstead abused its discretion, as a matter of law, in denying petitioner’s application for an area variance. We conclude that the Board did not abuse its discretion. We therefore reverse the order of the Appellate Division and dismiss the petition.

Petitioner Gregory Pecoraro entered into a contract for the purchase of an unimproved parcel of land located on the north side of Madison Avenue in West Hempstead, Town of Hemp-stead. The contract was contingent on petitioner…

2Cases cited4 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
  3. Ifrah v. UtschigNew York Court of Appeals · 2002
  4. MATTER OF TWIN COUNTY RECYCLING CORP. v. YevoliNew York Court of Appeals · 1997

3Cited by289 opinions

  1. Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
  2. Caspian Realty, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
  3. Merlotto v. Town of Patterson Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2007
  4. Matejko v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2010
  5. BBJ Associates, LLC v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009

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