Legal Opinion

Timm v. Van Buskirk

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

Decided April 25, 2005PublishedCited by 3 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Trustees of the Incorporated Village of Bellerose dated March 10, 2003, which, after a hearing, denied the petitioners’ application for a waiver of construction réstrictions imposed by Bellerose Village Code § 210-48, the appeal is from a judgment of the Supreme Court, Nassau County (DeMaro, J.), dated October 27, 2003, which denied the petition and dismissed the proceeding as barred by the doctrine of res judicata.

Ordered that the judgment is affirmed, with costs.

The principles of res judicata apply to the…

2Cases cited7 opinions

  1. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  2. Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
  3. Sterling Doubleday Enterprises v. MarroAppellate Division of the Supreme Court of the State of New York · 1997
  4. Jensen v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1987
  5. Waylonis v. BaumAppellate Division of the Supreme Court of the State of New York · 2001

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3Cited by3 opinions

  1. Palm Management Corp. v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 2006
  2. Kogel v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
  3. Kreisberg v. ScheyerNew York Supreme Court · 2006

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