Coppotelli v. Commissioner of Department of Buildings

Appellate Division of the Supreme Court of New York

Coppotelli v. Commissioner of Department of Buildings

240 A.D.2d 666, 659 N.Y.S.2d 997, 1997 N.Y. App. Div. LEXIS 6829

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

DecidedJune 23, 1997

StatusPublished

Cited by1 cases

This text of 240 A.D.2d 666 (Coppotelli v. Commissioner of Department of Buildings) 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

Coppotelli v. Commissioner of Department of Buildings, 240 A.D.2d 666, 659 N.Y.S.2d 997, 1997 N.Y. App. Div. LEXIS 6829 (N.Y. Ct. App. 1997).

Pincite

Opinion

In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the New York State Department of Environmental Conservation dated September 7, 1994, which granted the application of Joseph Boitel and Elizabeth Scalfani for a permit to construct a house on their property and an action to enjoin such construction, the petitioner Marian Coppotelli appeals from a judgment of the Supreme Court, Richmond County (Cusick, J.), dated July 18, 1996, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The appellant has failed to establish the existence of any restrictive covenant or easement in the chain of title of Joseph Boitel and Elizabeth Scalfani (see, Witter v Taggert, 78 NY2d 234).

The appellant’s remaining contentions are without merit. Miller, J. P., Joy, Altman, and Florio, JJ., concur.

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

In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the New York State Department of Environmental Conservation dated September 7, 1994, which granted the application of Joseph Boitel and Elizabeth Scalfani for a permit to construct a house on their property and an action to enjoin such construction, the petitioner Marian Coppotelli appeals from a judgment of the Supreme Court, Richmond County (Cusick, J.), dated July 18, 1996, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The appellant has failed to establish the existence of any restrictive covenant or easement in the chain of title of Joseph Boitel and Elizabeth Scalfani (see, Witter v Taggert, 78 NY2d 234).

The appellant’s remaining contentions are without merit. Miller, J. P., Joy, Altman, and Florio, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

240 A.D.2d 666, 659 N.Y.S.2d 997, 1997 N.Y. App. Div. LEXIS 6829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coppotelli-v-commissioner-of-department-of-buildings-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack