Legal Opinion

Brand v. Knowlton

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

Decided January 29, 2008Published

1Opinion of the Court

In a proceeding pur suant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Village of Nyack dated February 27, 2006, which, after a hearing, denied the petitioners’ application for an area variance, the petitioners appeal from a judgment of the Supreme Court, Rockland County (Weiner, J.), entered October 16, 2006, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Local zoning boards have broad discretion in considering applications for area variances, and judicial review is limited to determining whether…

2Cases cited4 opinions

  1. Ifrah v. UtschigNew York Court of Appeals · 2002
  2. Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
  3. Martino v. Board of Zoning Appeals of Incorporated Village of Great Neck PlazaAppellate Division of the Supreme Court of the State of New York · 2006
  4. Peconic Shores Development v. Board of Zoning Appeals of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2005

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