Legal Opinion

Baer v. Town of Waterford

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

Decided October 1, 1992PublishedCited by 4 opinions

1Opinion of the Court

— Appeal from a judgment of the Supreme Court (Brown, J.), entered October 14, 1991 in Saratoga County, which, inter alia, granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Zoning Board of Appeals of the Town of Waterford denying petitioners’ request for a building permit.

Initially, we reject respondents’ contention that Supreme Court should have transferred the proceeding to this Court. The petition sought review of a determination of a town zoning board of appeals; Supreme Court was therefore obligated by statute to dispose…

2Cases cited9 opinions

  1. Fuhst v. FoleyNew York Court of Appeals · 1978
  2. Gaona v. Town of Huntington Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1984
  3. Thomas v. BrownAppellate Division of the Supreme Court of the State of New York · 1988
  4. Ahearn v. Zoning Board of Appeals of ShawangunkAppellate Division of the Supreme Court of the State of New York · 1990
  5. Kidd-Kott Construction Co. v. LillisAppellate Division of the Supreme Court of the State of New York · 1986

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3Cited by4 opinions

  1. Fuss v. Hannibal Town Planning BoardAppellate Division of the Supreme Court of the State of New York · 2002
  2. Jones v. Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2009
  3. Burke v. Village of Colonie Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1993
  4. Village of Hoosick Falls v. Eastern Rensselaer County Solid Waste Management AuthorityNew York Supreme Court · 1998

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