Legal Opinion

Krape v. Trotta

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

Decided November 29, 2004Published

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 Brookhaven, dated October 2, 2002, which, after a hearing, denied the petitioner’s application for an area variance reducing the frontage on two proposed subdivision plots, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Lifson, J.), entered April 4, 2003, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

A town zoning board has broad discretion in determining an application for an area variance…

2Cases cited5 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
  3. Ifrah v. UtschigNew York Court of Appeals · 2002
  4. McNair v. Board of Zoning Appeals of HempsteadAppellate Division of the Supreme Court of the State of New York · 2001
  5. Classic Real Estate, Inc. v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2003

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