Legal Opinion
Aversano v. Two Family Use Board of Babylon
Appellate Division of the Supreme Court of the State of New York
Decided February 10, 1986PublishedCited by 19 opinions
1Opinion of the Court
—Proceeding pursuant to CPLR article 78 to review a determination of respondent Two Family Use Board of the Town of Babylon (hereinafter board) dated January 31, 1983, which, after a hearing, denied petitioner’s application for a temporary special permit pursuant to Local Laws, 1979, No. 9 of Town of Babylon to maintain a two-family dwelling in a single-family dwelling district.
Determination confirmed and proceeding dismissed on the merits, with costs.
We note that Special Term should have disposed of this case on the merits rather than transferring it here (see, Town Law § 267 [7]). However,…
2Cases cited5 opinions
- Pokoik v. SilsdorfNew York Court of Appeals · 1976
- Boardwalk & Seashore Corp. v. MurdockNew York Court of Appeals · 1941
- De Blois v. WallaceAppellate Division of the Supreme Court of the State of New York · 1982
- Rosano v. Town Board of RiverheadAppellate Division of the Supreme Court of the State of New York · 1973
- Petrocci v. Zoning Board of Appeals of CamillusAppellate Division of the Supreme Court of the State of New York · 1973
3Cited by19 opinions
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- Figgie International, Inc. v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1994
- Magee v. RoccoAppellate Division of the Supreme Court of the State of New York · 1990
- Home Depot U.S.A., Inc. v. Village of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2002
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