Legal Opinion
Headriver v. Town Board of Riverhead
Appellate Division of the Supreme Court of the State of New York
Decided July 21, 2003PublishedCited by 2 opinions
1Opinion of the Court
In *315a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Riverhead, dated February 20, 2002, which, in effect, denied the petitioner’s application for a special use permit, the Town Board of the Town of Riverhead appeals, by permission, from an order of the Supreme Court, Suffolk County (Emerson, J.), dated June 12, 2002, which denied its motion to dismiss the petition.
Ordered that the order is affirmed, with costs.
Contrary to the appellant’s contention, the Supreme Court properly denied its motion, pursuant to CPLR 7804 (f), to dismiss the…
2Cases cited15 opinions
- H.O.M.E.S. v. New York State Urban Development Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- Town of Smithtown v. HowellNew York Court of Appeals · 1972
- Voelckers v. GuelliNew York Court of Appeals · 1983
- Gardiner v. Lo GrandeAppellate Division of the Supreme Court of the State of New York · 1981
- South Shore Audubon Society, Inc. v. Board of Zoning Appeals of HempsteadAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by2 opinions
- Eastport Alliance v. LofaroAppellate Division of the Supreme Court of the State of New York · 2004
- Roanoke Sand & Gravel Corp. v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2005