Legal Opinion

De Russo v. City of Albany Board of Zoning Appeals

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

Decided February 16, 1989PublishedCited by 3 opinions

1Opinion of the CourtMahoney, P. J.

Appeals (1) from a judgment of the Supreme Court (Klein, J.), entered February 11, 1988 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for lack of jurisdiction, and (2) from a judgment of said court, entered April 18, 1988 in Albany County, which, inter alia, upon granting petitioner’s motion for reargument, adhered to its original decision.

Petitioner, the owner of real property in the City of Albany, initiated a CPLR article 78 proceeding to challenge an unfavorable zoning determination of respondent. The notice of…

2Cases cited5 opinions

  1. Heinisch v. GoehringerAppellate Division of the Supreme Court of the State of New York · 1986
  2. Matter of Bd. of Trs. of Common Sch. Dist. No. 2 of the Town of Dickinson v. Comm'r of Educ. of the State of New YorkNew York Court of Appeals · 1973
  3. Gosine v. RussoAppellate Division of the Supreme Court of the State of New York · 1986
  4. Save the Pine Bush, Inc. v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1981
  5. Save the Pine Bush, Inc. v. Planning BoardNew York Supreme Court · 1979

3Cited by3 opinions

  1. Golden's Bridge Fire District v. Westchester County Department of Health/Board of HealthAppellate Division of the Supreme Court of the State of New York · 2011
  2. Matter of Streety v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2022
  3. Long Island Teen Challenge, Inc. v. Town of CoeymansAppellate Division of the Supreme Court of the State of New York · 2008

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