Legal Opinion

MacGregor v. Derevlany

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

Decided May 10, 2004PublishedCited by 2 opinions

1Opinion of the Court

In a proceeding pursuant to CFLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Yorktown dated January 24, 2002, which denied the petitioners’ application for a special use permit, the appeal is from a judgment of the Supreme Court, Westchester County (Nastasi, J.), entered November 8, 2002, which granted the petition and directed the Zoning Board of Appeals of the Town of Yorktown to issue a special use permit.

Ordered that the judgment is reversed, on the law and the facts, with costs, the petition is denied, and the proceeding is dismissed on the merits.

Th…

2Cases cited3 opinions

  1. Retail Property Trust v. Board of Zoning AppealsNew York Court of Appeals · 2002
  2. MATTER OF MKT. SQUARE PROPS., LTD. v. Town of Guilderland Zoning Bd. of AppealsNew York Court of Appeals · 1985
  3. Leon Petroleum, LLC v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by2 opinions

  1. Matter of Smyles v. Board of Trustees of Inc. Vil. of MineolaAppellate Division of the Supreme Court of the State of New York · 2014
  2. 31 Commerce Street, LLC v. DardenAppellate Division of the Supreme Court of the State of New York · 2008

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