Legal Opinion

Colin Realty Co. v. Town of North Hempstead

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

Decided June 5, 2013Published

1Opinion of the Court

In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the Town of North Hempstead Board of Zoning and Appeals dated May 25, 2011, which, after a hearing, granted the application of Manhasset Pizza, LLC, for area variances and a conditional use permit, and action for a judgment declaring, in effect, that the proposed project requires a use *709variance, the petitioner/plaintiff appeals from a judgment of the Supreme Court, Nassau County (Jaeger, J.), dated February 14, 2012, which, inter alia, denied the petition and dismissed the proceeding.

Ordered that the judgment is…

2Cases cited7 opinions

  1. Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
  2. Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
  3. Overhill Building Co. v. DelanyNew York Court of Appeals · 1971
  4. MTR. OFF SHORE REST. CORP. v. LindenNew York Court of Appeals · 1972
  5. In re Il Classico Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

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