Bout v. Zoning Board of Appeals
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Oyster Bay dated May 8, 2008, which, after a hearing, denied the application of the petitioner Alex Bout for an amended area variance.
Adjudged that the petition is granted, on the law, with costs, the determination is annulled, and the Zoning Board of Appeals of the Town of Oyster Bay is directed to issue the requested amended area variance.
The Supreme Court erred in transferring the proceeding to this Court pursuant to CPLR 7804 (g) since the determination to be reviewed was not…
2Cases cited9 opinions
- MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
- Ifrah v. UtschigNew York Court of Appeals · 2002
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
- Knight v. AmelkinNew York Court of Appeals · 1986
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