Legal Opinion

Riklis v. Board of Zoning Appeals of Town of Hempstead

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

Decided October 6, 1997PublishedCited by 4 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Hempstead, dated March 29, 1995, which granted the intervenor’s application for a variance.

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, with costs.

We note there was no hearing held pursuant to Town Law § 267-c (4) and CPLR article 78, and therefore this proceeding was improperly transferred here by the Supreme Court, Nassau County. In the interest of judicial economy, we will nonetheless determine the question presented (see, Town Law §…

2Cases cited3 opinions

  1. MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
  2. Malin v. LeibowitzAppellate Division of the Supreme Court of the State of New York · 1996
  3. Simmons v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by4 opinions

  1. Schumacher v. Town of East HamptonAppellate Division of the Supreme Court of the State of New York · 2007
  2. Celentano v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2009
  3. Huszar v. Bayview Park Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2013
  4. Huszar v. Bayview Park Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2013

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