Legal Opinion

Carlino v. Scheyer

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

Decided June 20, 2006Published

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Islip dated July 20, 2004, which denied the petitioner’s application for certain area variances, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Berler, J.), entered January 27, 2005, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Zoning boards have broad discretion in considering applications for area variances, and a zoning board’s determination should not be set aside unless there is a…

2Cases cited6 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. Ifrah v. UtschigNew York Court of Appeals · 2002
  3. Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
  4. Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
  5. Richard Dudyshyn Contracting Co. v. Zoning Board of Appeals of the Town of Mount PleasantAppellate Division of the Supreme Court of the State of New York · 1998

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