Legal Opinion
Cole v. Town of Esopus
New York Supreme Court
Decided December 13, 2016PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Denise A. Hartman, J.
Petitioners Christopher A. Cole and Rehabilitation Support Services, Inc. (RSS) commenced this CPLR article 78 proceeding to challenge a determination of the Town of Esopus Zoning Board of Appeals that a proposed group residence that would provide residential and other support services for up to 16 women who will have been treated for substance abuse and are transitioning into the community does not meet the definition of a one-family dwelling and is instead a convalescent home as those terms are used in the Town’s Zoning Code.
*384The court acknowledges…
2Cases cited15 opinions
- Village of Belle Terre v. BoraasSupreme Court of the United States · 1974
- City of White Plains v. FerraioliNew York Court of Appeals · 1974
- McMinn v. Town of Oyster BayNew York Court of Appeals · 1985
- Oxford House, Inc. v. Town of BabylonDistrict Court, E.D. New York · 1993
- Group House of Port Washington, Inc. v. Board of Zoning & AppealsNew York Court of Appeals · 1978
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3Cited by1 opinion
- Matter of Northwood Sch., Inc. v. Joint Zoning Bd. of Appeals for The Town of N. Elba & Vil. of Lake PlacidAppellate Division of the Supreme Court of the State of New York · 2019