Coates v. Planning Board of the Inc. Village of Bayville

Appellate Division of the Supreme Court of New York

Coates v. Planning Board of the Inc. Village of Bayville

89 A.D.2d 1016, 454 N.Y.S.2d 460, 1982 N.Y. App. Div. LEXIS 18272

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

DecidedSeptember 27, 1982

StatusPublished

This text of 89 A.D.2d 1016 (Coates v. Planning Board of the Inc. Village of Bayville) 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

Coates v. Planning Board of the Inc. Village of Bayville, 89 A.D.2d 1016, 454 N.Y.S.2d 460, 1982 N.Y. App. Div. LEXIS 18272 (N.Y. Ct. App. 1982).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to, inter alia, review a determination of the Planning Board of the Incorporated Village of Bayville which imposed certain conditions upon the final approval of petitioners’ application to partition their property, the board appeals from so much of a judgment of the Supreme Court, Nassau County (Burke, J.), dated July 1, 1981, as annulled that portion of its determination which required petitioners to pay a 3% recreation fee and widen and pave the roadway adjoining their property to a width of 20 feet, and petitioners cross-appeal from so much of the same judgment as confirmed that portion of the board’s determination which required petitioners to pay a $500 engineering fee, a $100 clerical fee, and a $500 legal fee, and file detailed drainage information and install drainage structures. Judgment modified, on the law, by deleting therefrom the second decretal paragraph and substituting therefor a provision confirming that portion of the board’s determination which required petitioners to widen and pave the roadway adjoining their property to a width of 20 feet. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. The planning board did not abuse its discretion in requiring petitioners to widen and pave the road, and, accordingly, Special Term erred when it annulled that portion of the determination. Mollen, P. J., Damiani, Titone and Weinstein, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to, inter alia, review a determination of the Planning Board of the Incorporated Village of Bayville which imposed certain conditions upon the final approval of petitioners’ application to partition their property, the board appeals from so much of a judgment of the Supreme Court, Nassau County (Burke, J.), dated July 1, 1981, as annulled that portion of its determination which required petitioners to pay a 3% recreation fee and widen and pave the roadway adjoining their property to a width of 20 feet, and petitioners cross-appeal from so much of the same judgment as confirmed that portion of the board’s determination which required petitioners to pay a $500 engineering fee, a $100 clerical fee, and a $500 legal fee, and file detailed drainage information and install drainage structures. Judgment modified, on the law, by deleting therefrom the second decretal paragraph and substituting therefor a provision confirming that portion of the board’s determination which required petitioners to widen and pave the roadway adjoining their property to a width of 20 feet. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements. The planning board did not abuse its discretion in requiring petitioners to widen and pave the road, and, accordingly, Special Term erred when it annulled that portion of the determination. Mollen, P. J., Damiani, Titone and Weinstein, JJ., concur.

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Bluebook (online)

89 A.D.2d 1016, 454 N.Y.S.2d 460, 1982 N.Y. App. Div. LEXIS 18272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coates-v-planning-board-of-the-inc-village-of-bayville-nyappdiv-1982.