Legal Opinion

McCarthy v. Zoning Board of Appeals

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

Decided May 24, 2001PublishedCited by 13 opinions

1Opinion of the Court

—Mugglin, J.

Appeal from a judgment of the Supreme Court (Caruso, J.), entered September 26, 2000 in Schenectady County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, inter alia, partially dismissed the petition/complaint as untimely.

In June 1971, the Town of Niskayuna, Schenectady County, presumptively adopted a zoning ordinance which, inter alia, required that professional buildings in R-2 zones abut on and access major and minor arterial highways. In furtherance of her plan to build a medical office building in an R-2 zone on Troy Road,…

2Cases cited5 opinions

  1. Llana v. Town of PittstownAppellate Division of the Supreme Court of the State of New York · 1996
  2. King v. ChmielewskiNew York Court of Appeals · 1990
  3. Federation of Mental Health Centers, Inc. v. DeBuonoAppellate Division of the Supreme Court of the State of New York · 2000
  4. Frontier Insurance v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1998
  5. Almor Associates v. Town of SkaneatelesAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by13 opinions

  1. P & N Tiffany Properties, Inc. v. Village of TuckahoeAppellate Division of the Supreme Court of the State of New York · 2006
  2. Beneke v. Town of Santa ClaraAppellate Division of the Supreme Court of the State of New York · 2007
  3. E & J Sylcox Realty, Inc. v. Town of Newburgh Planning BoardAppellate Division of the Supreme Court of the State of New York · 2004
  4. Clear Channel Outdoor, Inc. v. Town Board of WindhamAppellate Division of the Supreme Court of the State of New York · 2004
  5. Smith v. Town of PlattekillAppellate Division of the Supreme Court of the State of New York · 2004

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