De Sena v. Board of Zoning Appeals of the Incorporated Village

Appellate Division of the Supreme Court of New York

De Sena v. Board of Zoning Appeals of the Incorporated Village

60 A.D.2d 601, 399 N.Y.S.2d 1019, 1977 N.Y. App. Div. LEXIS 14562

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

DecidedDecember 12, 1977

StatusPublished

This text of 60 A.D.2d 601 (De Sena v. Board of Zoning Appeals of the Incorporated Village) 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

De Sena v. Board of Zoning Appeals of the Incorporated Village, 60 A.D.2d 601, 399 N.Y.S.2d 1019, 1977 N.Y. App. Div. LEXIS 14562 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent board of zoning appeals which denied petitioner’s application for a variance, the appeal is from a judgment of the Supreme Court, Nassau County, entered March 9, 1977, which dismissed the petition. Judgment [602]*602reversed, on the law, without costs or disbursements, petition granted, determination annulled, and respondent is directed to grant the variance sought. On the facts in this record, the denial of the application was arbitrary and an abuse of discretion. Cohalan, J. P., Margett, Damiani and Shapiro, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the respondent board of zoning appeals which denied petitioner’s application for a variance, the appeal is from a judgment of the Supreme Court, Nassau County, entered March 9, 1977, which dismissed the petition. Judgment [602]*602reversed, on the law, without costs or disbursements, petition granted, determination annulled, and respondent is directed to grant the variance sought. On the facts in this record, the denial of the application was arbitrary and an abuse of discretion. Cohalan, J. P., Margett, Damiani and Shapiro, JJ., concur.

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Bluebook (online)

60 A.D.2d 601, 399 N.Y.S.2d 1019, 1977 N.Y. App. Div. LEXIS 14562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-sena-v-board-of-zoning-appeals-of-the-incorporated-village-nyappdiv-1977.