Cardullo v. County of Suffolk

Appellate Division of the Supreme Court of New York

Cardullo v. County of Suffolk

203 A.D.2d 459, 610 N.Y.S.2d 317, 1994 N.Y. App. Div. LEXIS 4013

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

DecidedApril 18, 1994

StatusPublished

This text of 203 A.D.2d 459 (Cardullo 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

Cardullo v. County of Suffolk, 203 A.D.2d 459, 610 N.Y.S.2d 317, 1994 N.Y. App. Div. LEXIS 4013 (N.Y. Ct. App. 1994).

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Opinion

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Review of the Suffolk County Department of Health Services, dated April 22, 1991, which, after a hearing, denied the petitioners’ application for a [460]*460variance from the minimum lot size requirements of the Suffolk County Sanitary Code.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The determination of the respondent Board of Review of the Suffolk County Department of Health Services denying the petitioners’ application for a variance to construct a single-family residence with an individual sewerage disposal system on a lot which is only half the minimum lot size requirement set forth in the Suffolk County Sanitary Code § 760-605 is supported by substantial evidence in the record (see, CPLR 7803 [4]; Matter of Pell v Board of Educ., 34 NY2d 222). In addition, we note that pursuant to Suffolk County Sanitary Code, article 6, § 760-609 (1) (b), "[ejconomic injury alone cannot provide the basis for a variance or waiver from this article”. Bracken, J. P., Miller, Copertino, Santucci and Altman, JJ., concur.

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—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Review of the Suffolk County Department of Health Services, dated April 22, 1991, which, after a hearing, denied the petitioners’ application for a [460]*460variance from the minimum lot size requirements of the Suffolk County Sanitary Code.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The determination of the respondent Board of Review of the Suffolk County Department of Health Services denying the petitioners’ application for a variance to construct a single-family residence with an individual sewerage disposal system on a lot which is only half the minimum lot size requirement set forth in the Suffolk County Sanitary Code § 760-605 is supported by substantial evidence in the record (see, CPLR 7803 [4]; Matter of Pell v Board of Educ., 34 NY2d 222). In addition, we note that pursuant to Suffolk County Sanitary Code, article 6, § 760-609 (1) (b), "[ejconomic injury alone cannot provide the basis for a variance or waiver from this article”. Bracken, J. P., Miller, Copertino, Santucci and Altman, JJ., concur.

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Bluebook (online)

203 A.D.2d 459, 610 N.Y.S.2d 317, 1994 N.Y. App. Div. LEXIS 4013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cardullo-v-county-of-suffolk-nyappdiv-1994.

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