Legal Opinion

D'Agostino Brothers Enterprises, Inc. v. Vecchio

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

Decided December 6, 2004PublishedCited by 11 opinions

1Opinion of the Court

*370In a hybrid proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Smithtown. dated July 18, 2002, which, after a hearing, denied the petitioner’s application for a special exception permit to operate a construction and demolition debris transfer station, and an action for a judgment declaring that a transfer station is a “junkyard” within the meaning of Town of Smithtown Code § 322-3, or, in the alternative, that section 322-3 is void and unconstitutional as applied to the petitioner’s proposed use of the property, the appeal is from so much of a…

2Cases cited6 opinions

  1. Lanza v. WagnerNew York Court of Appeals · 1962
  2. Pokoik v. SilsdorfNew York Court of Appeals · 1976
  3. Alscot Investing Corp. v. Incorporated Village of Rockville CentreNew York Court of Appeals · 1985
  4. Demisay, Inc. v. PetitoNew York Court of Appeals · 1972
  5. Buffouno v. Board of Zoning & Appeals of Inc.Appellate Division of the Supreme Court of the State of New York · 1996

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

3Cited by11 opinions

  1. BBJ Associates, LLC v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
  2. Soundview Associates v. Town of RiverheadDistrict Court, E.D. New York · 2010
  3. Hamptons, LLC v. RickenbachAppellate Division of the Supreme Court of the State of New York · 2012
  4. Mamaroneck Beach & Yacht Club, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2008
  5. Golden Horizon Terryville Corp. v. PrusinowskiAppellate Division of the Supreme Court of the State of New York · 2012

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

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