Legal Opinion
Matter of Towers v. Weiss
Appellate Division of the Supreme Court of the State of New York
Decided August 19, 2015No. 2013-08266PublishedCited by 4 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the Town of Hempstead Board of Appeals dated February 27, 2013, which, after a hearing, granted the applications of Andrew J. Mihalick, Kathleen M. Mihalick, Robert Douglas, and Kristin Elizabeth Kelsch for certain area variances.
Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
The Supreme Court should have disposed of this proceeding on the merits instead of transferring it to this Court pursuant to CPLR 7804 (g) (see Matter of Matejko v Board of…
2Cases cited5 opinions
- Ifrah v. UtschigNew York Court of Appeals · 2002
- Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
- Matejko v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2010
- Country Glen Associates v. NewburgerAppellate Division of the Supreme Court of the State of New York · 2003
- Matter of Traendly v. Zoning Bd. of Appeals of Town of SoutholdAppellate Division of the Supreme Court of the State of New York · 2015
3Cited by4 opinions
- Matter of FCFC Realty LLC v. WeissAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Morris Motel, LLC v. DeChanceAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Fortunato v. Town of Hempstead Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Bernstein v. Putnam Val. Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2021