Legal Opinion

Delmarco v. Zoning Board of Appeals

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

Decided May 9, 1994PublishedCited by 4 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Babylon denying the petitioner’s application for area and use variances, the appeal is from a judgment of the Supreme Court, Suffolk County (Fierro, J.), entered June 16, 1992, which annulled the determination and remitted the matter for a hearing.

Ordered that on the court’s own motion, the appellant’s notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the judgment is reversed,…

2Cases cited8 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. Conley v. Town of Brookhaven Zoning Board of AppealsNew York Court of Appeals · 1976
  3. Village Board v. JarroldNew York Court of Appeals · 1981
  4. MATTER OF CROSSROADS RECREATION v. BrozNew York Court of Appeals · 1958
  5. Doyle v. AmsterNew York Court of Appeals · 1992

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Ferruggia v. Zoning Board of Appeals of Town of WarwickAppellate Division of the Supreme Court of the State of New York · 1996
  2. Concerned Residents of New Lebanon v. Zoning Board of Appeals of New LebanonAppellate Division of the Supreme Court of the State of New York · 1995
  3. Matter of Nabe v. SosisAppellate Division of the Supreme Court of the State of New York · 2019
  4. SoHo Alliance v. New York City Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 2000

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