Legal Opinion
Silveri v. Nolte
Appellate Division of the Supreme Court of the State of New York
Decided March 16, 1987PublishedCited by 5 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Incorporated Village of Oyster Bay Cove, dated May 10, 1984, which denied the petitioners’ application for area variances, the appeal is from a judgment of the Supreme Court, Nassau County (Lockman, J.), dated April 10, 1985, which dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
It is well settled that local Zoning Boards have discretion in considering applications for variances and the judicial function is limited to reviewing whether the action taken by the…
2Cases cited5 opinions
- Fuhst v. FoleyNew York Court of Appeals · 1978
- Human Development Services of Port Chester, Inc. v. Zoning Board of AppealsNew York Court of Appeals · 1986
- Human Development Services of Port Chester, Inc. v. Zoning Board of Appeals of Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1985
- Holy Spirit Ass'n v. RosenfeldAppellate Division of the Supreme Court of the State of New York · 1983
- Von Kohorn v. MorrellNew York Court of Appeals · 1961
3Cited by5 opinions
- Gabriel v. New Rochelle Board of Appeals on ZoningAppellate Division of the Supreme Court of the State of New York · 1988
- Fendelman v. Zoning Board of Appeals of the Village of ScarsdaleAppellate Division of the Supreme Court of the State of New York · 1991
- CERTIFIED ROAD CONSTRUCTORS, INC. v. TOWN OF RUSSIA ZONING BOARD OF APPE, ALSAppellate Division of the Supreme Court of the State of New York · 2015
- Certified Road Constructors, Inc. v. Town of Russia Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2015
- Certified Road Constructors, Inc. v. Town of Russia Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2015