Burger King Corp. v. County of Suffolk

Appellate Division of the Supreme Court of New York

Burger King Corp. v. County of Suffolk

121 A.D.2d 494, 503 N.Y.S.2d 157, 1986 N.Y. App. Div. LEXIS 58473

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

DecidedJune 16, 1986

StatusPublished

Cited by4 cases

This text of 121 A.D.2d 494 (Burger King Corp. v. County of Suffolk) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burger King Corp. v. County of Suffolk, 121 A.D.2d 494, 503 N.Y.S.2d 157, 1986 N.Y. App. Div. LEXIS 58473 (N.Y. Ct. App. 1986).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent County of Suffolk, Department of [495]*495Public Works, dated October 31, 1983, denying the petitioner’s application for a driveway entrance permit, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Jones, J.), dated January 30, 1985, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

Sufficient evidence exists in the record to support the denial of the petitioner’s request for a permit for a driveway entrance to its restaurant onto County Road 66 in Dix Hills, Town of Huntington, Suffolk County. The petitioner has alternate access, and has not been denied the reasonable use of the property. Further, there is evidence from which the respondent could reasonably conclude that an additional driveway entrance would adversely affect the traffic-accident potential of the adjacent streets. The petitioner has failed to make a showing that the respondent’s determination was arbitrary, capricious or an abuse of discretion (CPLR 7803 [3]; Token Carpentry v Hornik, 92 AD2d 868, 870). Thompson, J. P., Bracken, Rubin and Fiber, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent County of Suffolk, Department of [495]*495Public Works, dated October 31, 1983, denying the petitioner’s application for a driveway entrance permit, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Jones, J.), dated January 30, 1985, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

Sufficient evidence exists in the record to support the denial of the petitioner’s request for a permit for a driveway entrance to its restaurant onto County Road 66 in Dix Hills, Town of Huntington, Suffolk County. The petitioner has alternate access, and has not been denied the reasonable use of the property. Further, there is evidence from which the respondent could reasonably conclude that an additional driveway entrance would adversely affect the traffic-accident potential of the adjacent streets. The petitioner has failed to make a showing that the respondent’s determination was arbitrary, capricious or an abuse of discretion (CPLR 7803 [3]; Token Carpentry v Hornik, 92 AD2d 868, 870). Thompson, J. P., Bracken, Rubin and Fiber, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

121 A.D.2d 494, 503 N.Y.S.2d 157, 1986 N.Y. App. Div. LEXIS 58473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burger-king-corp-v-county-of-suffolk-nyappdiv-1986.

Opinion

Related

Cite This Page — Counsel Stack