Corrado v. Wolf

Petitioner in this article 78 proceeding seeks an order directing the Building Inspector of the Town of Oyster Bay to issue a building permit. Although the permit was denied because the application “ does not conform to Art. VI Sec. D-3, ” respondent acknowledges the basis of its denial was not any deficiency in area (petitioner had, indeed, obtained a variance) but that petitioner had failed to provide 11 the required certificate of approval from the New York State Department of Public Works.” The only “ requirement ” to which reference is made is set forth in the Instructions For Preparing…