Legal Opinion

Elide Building Corp. v. Allocco

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

Decided February 9, 2004PublishedCited by 2 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 Town of Eastchester, dated April 17, 2002, which, after a hearing, denied the petitioner’s application for area variances, the appeal is from a judgment of the Supreme Court, Westchester County (Zambelli, J.), entered October 18, 2002, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Judicial review of the determination of a local zoning board is limited to determining whether the action taken by the board was illegal, arbitrary,…

2Cases cited4 opinions

  1. MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
  2. Ifrah v. UtschigNew York Court of Appeals · 2002
  3. Tetra Builders, Inc. v. ScheyerAppellate Division of the Supreme Court of the State of New York · 1998
  4. Polsen v. RosenbergAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by2 opinions

  1. Milburn Homes, Inc. v. TrottaAppellate Division of the Supreme Court of the State of New York · 2004
  2. Corigliano v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2005

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