Legal Opinion

Holihan v. Town of Orangetown

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

Decided July 26, 2017No. 2015-05468PublishedCited by 1 opinion

1Opinion of the Court

In an action, inter alia, to recover damages pursuant to 42 USC § 1983 for civil rights violations, the plaintiffs appeal from an order of the Supreme Court, Rockland County (Garvey, J.), dated June 4, 2015, which granted the defendant’s motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The plaintiffs own a parcel of real property in the Town of Orangetown in a zoning district that permits only one dwelling per lot. In 1985, they applied for a variance from the Town’s Zoning Board of Appeals (hereinafter the ZBA) to allow them to…

2Cases cited12 opinions

Owens v. OkureSupreme Court of the United States · 1989
Corsello v. Verizon New York, Inc.New York Court of Appeals · 2012
Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987
New York City Health & Hospitals Corp. v. McBarnetteNew York Court of Appeals · 1994
Henry v. Bank of AmericaAppellate Division of the Supreme Court of the State of New York · 2017

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3Cited by1 opinion

Matter of 2214 Rt 208, LLC v. Town of Montgomery Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2026