Legal Opinion

Wickes v. Kaplan

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

Decided April 21, 2003PublishedCited by 4 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Village of Wesley Hills dated July 27, 2001, which, inter alia, determined that the petitioners’ use of the subject property was “not a legally established non-conforming use,” the appeal is from (1) an order of the Supreme Court, Rockland County (Kelly, J.), dated December 6, 2001, which granted the petition and annulled the determination, and (2) a judgment of the same court dated January 28, 2002, entered upon the order.

Ordered that the appeal from the order is dismissed; and it is…

2Cases cited4 opinions

  1. In re AhoNew York Court of Appeals · 1976
  2. Ifrah v. UtschigNew York Court of Appeals · 2002
  3. Retail Property Trust v. Board of Zoning AppealsNew York Court of Appeals · 2002
  4. Rudolf Steiner Fellowship Foundation v. De LucciaNew York Court of Appeals · 1997

3Cited by4 opinions

  1. Matter of East End Holdings, LLC v. Village of Southampton Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2016
  2. Marcus v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 2009
  3. Yoran-Wastin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
  4. Yoran-Wastin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014

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