Legal Opinion
Fusco v. Russell
Appellate Division of the Supreme Court of the State of New York
Decided May 2, 2001PublishedCited by 4 opinions
1Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted the petition to vacate the determination of the Zoning Board of the Town of Webb (Board) denying petitioners’ application for an area variance. The Board failed to engage in the requisite balancing test, “considering the factors outlined in [Town Law § 267-b (3) (b)] and weighing the benefit to the applicant[s] against the detriment to the health, safety and welfare of the neighborhood or community” (Matter of Khan v Zoning Bd. of Appeals, 87 NY2d 344, 351-352, rearg denied 87 NY2d 1056; see, Matter of…
2Cases cited5 opinions
- MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
- Khan v. Zoning Board of AppealsNew York Court of Appeals · 1996
- Baker v. BrownlieAppellate Division of the Supreme Court of the State of New York · 1998
- People v. LamarAppellate Division of the Supreme Court of the State of New York · 1999
- D'Angelo v. Zoning BoardAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by4 opinions
- W.K.J. Young Group v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2005
- MIMASSI, MICHAEL J. v. TOWN OF WHITESTOWN ZBAAppellate Division of the Supreme Court of the State of New York · 2015
- Mimassi v. Town of Whitestown Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2015
- Mimassi v. Town of Whitestown Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2015