Legal Opinion

North Shore F.C.P., Inc. v. Mammina

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

Decided October 24, 2005PublishedCited by 11 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of North Hempstead, dated March 24, 2004, denying the petitioner’s application for a conditional use permit, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Covello, J.), entered July 30, 2004, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The determination of a local zoning board is entitled to great deference, and will be sustained as long as it has a rational *760basis, is not arbitrary and…

2Cases cited20 opinions

  1. MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
  2. Ifrah v. UtschigNew York Court of Appeals · 2002
  3. Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
  4. In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
  5. Tandem Holding Corp. v. Board of Zoning Appeals of HempsteadNew York Court of Appeals · 1977

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3Cited by11 opinions

  1. Baker v. Village of ElmsfordAppellate Division of the Supreme Court of the State of New York · 2009
  2. WOOSTER, MARGARET v. QUEEN CITY LANDING, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  3. Fagan v. ColsonAppellate Division of the Supreme Court of the State of New York · 2008
  4. Witkowich v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011
  5. Matter of FCFC Realty LLC v. WeissAppellate Division of the Supreme Court of the State of New York · 2021

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