Ardmar Realty Co. v. Zoning Board of Appeals
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*734Contrary to the petitioner’s contentions, the Supreme Court properly denied its petition and dismissed the instant proceeding, since the petitioner “failed to carry [its] burden of showing that [its] contemplated use of the subject property ‘conforms with the standards imposed by the zoning ordinance’ ” (Matter of Wal-Mart Stores v Planning Bd. of Town of N. Elba, 238 AD2d 93, 99, quoting Matter of Monro Muffler / Brake v Town Bd. of Town of Perinton, 222 AD2d 1069; see Matter of Schadow v Wilson, 191 AD2d 53, 57).
The petitioner’s remaining contentions are without merit. Ritter, J.P., Florio,…
2Cases cited3 opinions
- Wal-Mart Stores, Inc. v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1998
- Schadow v. WilsonAppellate Division of the Supreme Court of the State of New York · 1993
- Monro Muffler/Brake, Inc. v. Town Board of PerintonAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by2 opinions
- Ardmar Realty Co. v. Building Inspector of the Village of TuckahoeAppellate Division of the Supreme Court of the State of New York · 2004
- Pletenik v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2010