Legal Opinion

Smelyansky v. Zoning Board of Appeals

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

Decided April 14, 2011PublishedCited by 10 opinions

1Opinion of the CourtMcCarthy, J.

Appeal from a judgment of the Supreme Court (O’Connor, J.), entered January 12, 2010 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to, among other things, review a determination of respondent denying petitioners’ request for an area variance.

In 2008, petitioners purchased a parcel of property in the Town of Bethlehem, Albany County. The property contained a house that was built in 1986 and given a certificate of occupancy as a duplex, but was utilized as a three-family dwelling for many years. The prior owners removed part of a wall…

2Cases cited9 opinions

  1. MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
  2. Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
  3. Matejko v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2010
  4. Inlet Homes Corp. v. Zoning Board of AppealsNew York Court of Appeals · 2004
  5. Center Square Ass'n v. City of Albany Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by10 opinions

  1. Letourneau v. Town of BerneAppellate Division of the Supreme Court of the State of New York · 2011
  2. Avramis v. SarachanAppellate Division of the Supreme Court of the State of New York · 2012
  3. Braunstein v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2012
  4. Takourian v. Town of Bethel Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011
  5. Albany Basketball & Sports Corp. v. City of AlbanyNew York Supreme Court · 2013

5 more not listed; retrieve them via the Exa API.

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