Legal Opinion
Bohner v. Casatelli
Appellate Division of the Supreme Court of the State of New York
Decided March 16, 2007Published
1Opinion of the Court
Appeal from a judgment (denominated order) of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered December 21, 2005 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is granted in part in accordance with the following memorandum: Petitioners commenced this CPLR article 78 proceeding against respondent Town of Newport (Town), the members of its Zoning Board of Appeals (ZBA), and Humpf Sanitation, LLC…
2Cases cited13 opinions
- Toys" R" US v. SilvaNew York Court of Appeals · 1996
- Syracuse Aggregate Corp. v. WeiseNew York Court of Appeals · 1980
- MTR. OFF SHORE REST. CORP. v. LindenNew York Court of Appeals · 1972
- MATTER OF PMS ASSETS, LTD. v. Zoning Board of Appeals of Village of PleasantvilleNew York Court of Appeals · 2002
- Smith v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1994
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