Legal Opinion
Shibley v. Miller
Appellate Division of the Supreme Court of the State of New York
Decided February 27, 1995PublishedCited by 2 opinions
1Opinion of the Court
—In a proceeding pursuant to CPLR article 78 to annul a determination of the Village of Munsey Park Board of Appeals denying the petitioners’ application for an area variance, the petitioners appeal from a judgment of the Supreme Court, Nassau County (Saladino, J.), dated September 1, 1993, which, in effect, dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
The Supreme Court correctly sustained the determination under review, which "ha[d] a rational basis and [was] supported by substantial evidence” (Matter of Young v Board of Appeals, 194 AD2d 796, 797, citing Matter…
2Cases cited6 opinions
- Fuhst v. FoleyNew York Court of Appeals · 1978
- Human Development Services of Port Chester, Inc. v. Zoning Board of AppealsNew York Court of Appeals · 1986
- Human Development Services of Port Chester, Inc. v. Zoning Board of Appeals of Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1985
- Doyle v. AmsterNew York Court of Appeals · 1992
- Young v. Board of Appeals of the Inc. Village of Garden CityAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by2 opinions
- Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
- Exmoor House, LLC v. Village of Millbrook Planning BoardAppellate Division of the Supreme Court of the State of New York · 2011