Legal Opinion

Papanicolaou v. Zoning Board of Appeals

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

Decided March 17, 1997Published

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Village of Pleasantville dated July 19, 1995, which, after a hearing, denied the petitioners’ application for an area variance, the appeal is from a judgment of the Supreme Court, Westchester Counter (Nastasi, J.), entered November 1,1995, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioners’ contention, the respondent Zoning Board of Appeals correctly applied the balancing test contained in…

2Cases cited5 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
  3. Eccles v. Zoning Board of Appeals of Village of IrvingtonAppellate Division of the Supreme Court of the State of New York · 1996
  4. Malin v. LeibowitzAppellate Division of the Supreme Court of the State of New York · 1996
  5. Aim Rent A Car, Inc. v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1989

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