Legal Opinion

Heysler v. Park

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

Decided November 16, 1990PublishedCited by 3 opinions

1Opinion of the Court

Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Special Term should have dismissed this CPLR article 78 proceeding brought to annul the determination of respondent, Zoning Board, as untimely commenced.

The Zoning Ordinance requires a three-foot setback from the side and rear lot lines. Previously, petitioners requested an area variance to construct a new garage ÍVi feet from the side and rear lot lines. The Board did not grant the application as requested, but, instead, granted an area variance permitting petitioners to build a garage "on the same…

2Cases cited11 opinions

  1. De Milio v. BorghardNew York Court of Appeals · 1982
  2. Hall v. LeonardAppellate Division of the Supreme Court of the State of New York · 1940
  3. Matter of Hall v. LeonardNew York Court of Appeals · 1941
  4. Davis v. KingsburyNew York Court of Appeals · 1970
  5. Davis v. KingsburyAppellate Division of the Supreme Court of the State of New York · 1968

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3Cited by3 opinions

  1. Hi Pockets, Inc. v. Music Conservatory of Westchester, Inc.District Court, S.D. New York · 2002
  2. Matter of Camarda v. UbertAppellate Division of the Supreme Court of the State of New York · 2025
  3. Matter of Lohman v. EganAppellate Division of the Supreme Court of the State of New York · 2019

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