TALL TREES v. Zoning Bd.

97 N.Y.2d 86 (2001)

761 N.E.2d 565

735 N.Y.S.2d 873

In the Matter of TALL TREES CONSTRUCTION CORP., Appellant,

v.

ZONING BOARD OF APPEALS OF THE TOWN OF HUNTINGTON, Respondent.

Court of Appeals of the State of New York.

Argued October 16, 2001.

Decided November 19, 2001.

Flynn & Flynn, Huntington (Robert J. Flynn, Jr., of counsel), for appellant.

Thomas A. Abbate, P.C., Woodbury (Thomas A. Abbate of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

WESLEY, J.

This case calls into question the effect of repeated tie votes…