Legal Opinion

Dougherty v. City of Rye

New York Court of Appeals

Decided November 15, 1984PublishedCited by 47 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We agree that notice to the County Planning Board of hearings on the proposed zoning amendment was required under section 277.61 of the Westchester County Administrative Code (Bloom v Town Bd., 80 AD2d 823, app dsmd *99153 NY2d 938). The City argues, however, that even if such notice was required, plaintiffs are not entitled to summary judgment because they have not shown that there is evidence in the record which would establish beyond a reasonable doubt that notice of the hearings was not mailed to the County…

2Cases cited9 opinions

  1. People v. RichettiNew York Court of Appeals · 1951
  2. Wiggins v. Town of SomersNew York Court of Appeals · 1958
  3. Prudco Realty Corp. v. PalermoNew York Court of Appeals · 1983
  4. Friends of Pine Bush v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1982
  5. Friends of the Pine Bush v. Planning BoardNew York Court of Appeals · 1983

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3Cited by47 opinions

  1. Wells Fargo Bank Minnesota, National Ass'n v. MastropaoloAppellate Division of the Supreme Court of the State of New York · 2007
  2. Security Pacific National Bank v. EvansAppellate Division of the Supreme Court of the State of New York · 2006
  3. Fossella v. DinkinsNew York Court of Appeals · 1985
  4. Fade v. Pugliani/FadeAppellate Division of the Supreme Court of the State of New York · 2004
  5. Moise v. Ocwen Loan Servicing LLC (In re Moise)United States Bankruptcy Court, E.D. New York · 2017

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