Legal Opinion
MATTER OF GEBBIE v. Mammina
New York Court of Appeals
Decided August 27, 2009PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court reinstated.
In view of the broad discretion afforded zoning boards considering applications for area variances (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 NY3d 608, 612-613 [2004]), the denial of petitioner’s application for area variances to subdivide his lot to create two nonconforming lots had a rational basis and was not arbitrary and capricious. The Board of Zoning Appeals rationally balanced and weighed the requisite statutory…
2Cases cited1 opinion
- Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
3Cited by8 opinions
- Fuentes v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 2011
- Brady v. Town of Islip Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
- Roberts v. WrightAppellate Division of the Supreme Court of the State of New York · 2010
- 886 Flushing Avenue Corp. v. Board of Zoning Appeals of North HempsteadAppellate Division of the Supreme Court of the State of New York · 2010
- Mallins v. FoleyAppellate Division of the Supreme Court of the State of New York · 2010
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