Legal Opinion

886 Flushing Avenue Corp. v. Board of Zoning Appeals of North Hempstead

Appellate Division of the Supreme Court of the State of New York

Decided April 27, 2010PublishedCited by 1 opinion

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of North Hempstead dated September 10, 2008, which denied the petitioner’s application for an area variance, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Iannacci, J.), entered May 4, 2009, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Local zoning boards have broad discretion in considering applications for variances, and judicial review of a determination denying an area variance is limited…

2Cases cited6 opinions

  1. MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
  2. Pecoraro v. Board of AppealsNew York Court of Appeals · 2004
  3. Genser v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2009
  4. Pasceri v. GabrieleAppellate Division of the Supreme Court of the State of New York · 2006
  5. MATTER OF GEBBIE v. MamminaNew York Court of Appeals · 2009

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Morando v. Town of Carmel Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011

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