Legal Opinion

Malin v. Leibowitz

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

Decided July 29, 1996PublishedCited by 5 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR article 78 to review a determination of the Village of Kings Point Board of Appeals dated February 8, 1995, which, after a hearing, denied the petitioners’ application for area zoning variances, the petitioners appeal from a judgment of the Supreme Court, Nassau County (O’Brien, J.), entered September 26, 1995, which denied the petition and confirmed the determination.

Ordered that the judgment is affirmed, with costs.

In determining whether to grant an application for an area variance, Village Law § 7-712-b (3) (b) requires a zoning board of appeals to balance…

2Cases cited4 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
  3. Khan v. Zoning Board of AppealsNew York Court of Appeals · 1996
  4. Eccles v. Zoning Board of Appeals of Village of IrvingtonAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by5 opinions

  1. Johnson v. Village of Westhampton BeachAppellate Division of the Supreme Court of the State of New York · 1997
  2. Riklis v. Board of Zoning Appeals of Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1997
  3. Papanicolaou v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1997
  4. Rodzianko v. BergmanAppellate Division of the Supreme Court of the State of New York · 1998
  5. Warm v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1997

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