Legal Opinion
Monro Muffler/Brake, Inc. v. Town Board of Perinton
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1995PublishedCited by 7 opinions
1Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly determined that the failure of respondent to approve by a majority vote the application of petitioner Monro Muffler/Brake, Inc., for a special use permit to construct an automobile repair shop in the northwest corner of the Perinton Square Mall constituted a valid determination to deny the application. The fact that two members voted to grant the application, two members voted to deny it, and one member abstained from voting did not, as petitioners contend, constitute a "non-action” by respondent (see, Town Law §…
2Cases cited3 opinions
- Zagoreos v. ConklinAppellate Division of the Supreme Court of the State of New York · 1985
- Schadow v. WilsonAppellate Division of the Supreme Court of the State of New York · 1993
- Connors v. SullivanAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by7 opinions
- Tall Trees Construction Corp. v. Zoning Board of AppealsNew York Court of Appeals · 2001
- Wal-Mart Stores, Inc. v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1998
- Frittita v. PaxAppellate Division of the Supreme Court of the State of New York · 1998
- Ardmar Realty Co. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2002
- Beck v. GraveldingAppellate Division of the Supreme Court of the State of New York · 1998
2 more not listed; retrieve them via the Exa API.