Ferman v. Board of Appeals

Appellate Division of the Supreme Court of New York

Ferman v. Board of Appeals

69 A.D.2d 882, 415 N.Y.S.2d 469, 1979 N.Y. App. Div. LEXIS 11614

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

DecidedApril 23, 1979

StatusPublished

Cited by2 cases

This text of 69 A.D.2d 882 (Ferman v. Board of Appeals) 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

Ferman v. Board of Appeals, 69 A.D.2d 882, 415 N.Y.S.2d 469, 1979 N.Y. App. Div. LEXIS 11614 (N.Y. Ct. App. 1979).

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Opinions

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Incorporated Village of Sea Cliff which denied petitioner’s application for a variance, the board appeals from a judgment of the Supreme Court, Nassau County, dated February 3, 1978, which "invali[883]*883dated” its action and directed it to grant the variance requested. Judgment reversed, on the law, with costs, determination confirmed, and proceeding dismissed on the merits. The determination of the board of appeals denying the petitioner an area variance has a rational basis and is supported by substantial evidence. Therefore, the determination should have been confirmed (see Matter of Fuhst v Foley, 45 NY2d 441; Matter of Cowan v Kern, 41 NY2d 591). Titone, J. P., Lazer and Cohalan, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Incorporated Village of Sea Cliff which denied petitioner’s application for a variance, the board appeals from a judgment of the Supreme Court, Nassau County, dated February 3, 1978, which "invali[883]*883dated” its action and directed it to grant the variance requested. Judgment reversed, on the law, with costs, determination confirmed, and proceeding dismissed on the merits. The determination of the board of appeals denying the petitioner an area variance has a rational basis and is supported by substantial evidence. Therefore, the determination should have been confirmed (see Matter of Fuhst v Foley, 45 NY2d 441; Matter of Cowan v Kern, 41 NY2d 591). Titone, J. P., Lazer and Cohalan, JJ., concur.

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Bluebook (online)

69 A.D.2d 882, 415 N.Y.S.2d 469, 1979 N.Y. App. Div. LEXIS 11614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferman-v-board-of-appeals-nyappdiv-1979.

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