Legal Opinion

Expressview Development, Inc. v. Town of Gates Zoning Board of Appeals

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

Decided February 3, 2017PublishedCited by 14 opinions

1Opinion of the Court

Appeal from a judgment (denominated order) of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered January 21, 2016 in a hybrid CPLR article 78 proceeding and declaratory judgment action. The judgment, insofar as appealed from, granted the cross motion of respondents-defendants to dismiss the amended petition-complaint.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the cross motion to the extent that it sought dismissal of the declaratory judgment causes of action, reinstating those causes of action, and granting judgment in…

2Cases cited24 opinions

  1. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  2. Reed v. Town of GilbertSupreme Court of the United States · 2015
  3. Metromedia, Inc. v. City of San DiegoSupreme Court of the United States · 1981
  4. MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
  5. Pecoraro v. Board of AppealsNew York Court of Appeals · 2004

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

3Cited by14 opinions

  1. Matter of DeCarr v. Zoning Bd. of Appeals for Town of VeronaAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Guttman v. Covert Town Bd.Appellate Division of the Supreme Court of the State of New York · 2023
  3. Bristol v. Town of CamdenDistrict Court, N.D. New York · 2024
  4. Kadah v. KadahAppellate Division of the Supreme Court of the State of New York · 2021
  5. Matter of 54 Marion Ave., LLC v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 2018

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

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