Legal Opinion

Corcella v. Seifert

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

Decided March 2, 1992PublishedCited by 3 opinions

1Opinion of the Court

— In a proceeding pursuant to CPLR article 78 to compel the Building Inspector of the Village of *678Belle Terre to issue a building permit, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Dunn, J.), dated April 25, 1990, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

A constitutional claim that hinges upon factual issues reviewable at the administrative level must first be addressed to the administrative agency so that a necessary factual record can be established (see, Matter of Fichera v City of New York, 145…

2Cases cited2 opinions

  1. Fichera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
  2. Barkus v. KernAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by3 opinions

  1. White v. Incorporated Village of Plandome ManorAppellate Division of the Supreme Court of the State of New York · 1993
  2. Bull's Eye, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
  3. STS Management Development Inc. v. New York State Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1997

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API