Legal Opinion
Delavore v. Scheyer
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 1995PublishedCited by 3 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Appeals of the Town of *479Islip, dated April 13, 1993, which, after a hearing, denied the petitioners’ applications for two of four requested area variances.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Initially, we note that the Supreme Court should have disposed of the proceeding on the merits instead of transferring it to this Court (see, Town Law § 267-c [4]). However, this Court will decide the case on the merits in the interest of judicial…
2Cases cited9 opinions
- Clowry v. Town of PawlingAppellate Division of the Supreme Court of the State of New York · 1994
- Cucci v. Zoning Board of Appeals of the Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1989
- O'Keefe v. DonovanAppellate Division of the Supreme Court of the State of New York · 1993
- Bienstock v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1992
- Slakoff v. HitchcockAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by3 opinions
- Supkis v. Town of Sand Lake Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1996
- Cohen v. Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2002
- Red House Farm, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1996