Legal Opinion

Kattke v. Incorporated Village of Freeport

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

Decided January 31, 1994PublishedCited by 5 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR article 78 to review a determination of the appellants, dated October 31, 1990, which, after a hearing, denied the petitioners’ application for an area variance, the appeal is from an order of the Supreme Court, Nassau County (Burke, J.), entered September 30, 1991, which annulled the determination and remitted the matter to the appellants for further proceedings.

Ordered that on the Court’s own motion, the appellant’s notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordere…

2Cases cited3 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. Human Development Services of Port Chester, Inc. v. Zoning Board of AppealsNew York Court of Appeals · 1986
  3. Human Development Services of Port Chester, Inc. v. Zoning Board of Appeals of Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by5 opinions

  1. Carlucci v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 1994
  2. Perla v. HellerAppellate Division of the Supreme Court of the State of New York · 1998
  3. Romano v. JenksAppellate Division of the Supreme Court of the State of New York · 1995
  4. RVC Associates v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1997
  5. Scotto-DeSantis v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2003

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