Emrey Properties, Inc. v. Baranello
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the Town of Oyster Bay Zoning Board of Appeals dated February 15, 2007, which, after a hearing, denied the petitioner’s application for a special use permit, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Adams, J.), entered October 23, 2007, which denied the petition and, in effect, dismissed the proceeding.
Ordered that the judgment is reversed, on the law and the facts, with costs, the petition is granted, the determination of the Town of Oyster Bay Zoning Board of Appeals is annulled, and…
2Cases cited9 opinions
- Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
- North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
- Carrol's Development Corp. v. GibsonNew York Court of Appeals · 1981
- Texaco Refining & Marketing, Inc. v. ValenteAppellate Division of the Supreme Court of the State of New York · 1991
- Framike Realty Corp. v. HinckAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by1 opinion
- Emrey Properties, Inc. v. BaranelloAppellate Division of the Supreme Court of the State of New York · 2010