Legal Opinion
Matter of Fortunato v. Town of Hempstead Bd. of Appeals
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2015No. 2014-02031PublishedCited by 4 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review two determinations of the Town of Hempstead Board of Appeals, both dated July 10, 2013, which, after a hearing, denied the petitioners’ applications for area variances, the petitioners appeal from a judgment of the Supreme Court, Nassau County (Woodard, J.), dated December 3, 2013, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, without costs or disbursements.
“Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining…
2Cases cited16 opinions
- Ifrah v. UtschigNew York Court of Appeals · 2002
- Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
- Knight v. AmelkinNew York Court of Appeals · 1986
- Matejko v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2010
- Kearney v. Village of Cold Spring Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by4 opinions
- Matter of Nataro v. DeChanceAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Zapson v. Zoning Bd. of Appeals of the City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Harris v. Zoning Bd. of Appeals of Town of CarmelAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Gray v. Village of PatchogueAppellate Division of the Supreme Court of the State of New York · 2018