Legal Opinion

Bivona v. Town of Plattekill Zoning Board of Appeals

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

Decided January 20, 2000PublishedCited by 7 opinions

1Opinion of the CourtSpain, J.

Appeal from a judgment of the Supreme Court (Bradley, J.), entered November 17, 1998 in Ulster County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent denying petitioners’ request for an area variance.

The object of this proceeding is a two-acre parcel of land in the Town of Plattekill, Ulster County, which contains a multiple-dwelling structure whose construction predated the adoption of the Town’s zoning ordinance. Petitioners, who reside on adjacent property, contracted in 1997 to purchase the subject parcel which…

2Cases cited15 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
  3. Conley v. Town of Brookhaven Zoning Board of AppealsNew York Court of Appeals · 1976
  4. Marzella v. MunroeNew York Court of Appeals · 1987
  5. McGlasson Realty, Inc. v. Town of PattersonAppellate Division of the Supreme Court of the State of New York · 1996

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3Cited by7 opinions

  1. Smelyansky v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2011
  2. Russo v. City of Albany Zoning BoardAppellate Division of the Supreme Court of the State of New York · 2010
  3. People, Inc. v. City of Tonawanda Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2015
  4. Biscardi v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2001
  5. Matter of Cooperstown Eagles, LLC v. Village of Cooperstown Zoning Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2018

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