Gee v. Zoning Board of Appeals

Appellate Division of the Supreme Court of New York

Gee v. Zoning Board of Appeals

237 A.D.2d 920, 656 N.Y.S.2d 1009, 1997 N.Y. App. Div. LEXIS 3514

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

DecidedMarch 14, 1997

StatusPublished

This text of 237 A.D.2d 920 (Gee v. Zoning 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

Gee v. Zoning Board of Appeals, 237 A.D.2d 920, 656 N.Y.S.2d 1009, 1997 N.Y. App. Div. LEXIS 3514 (N.Y. Ct. App. 1997).

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Opinion

Judgment unanimously affirmed without costs. Memorandum: We conclude that respondent’s determination [921]*921has a rational basis and is supported by substantial evidence (see, Matter of Cowan v Kern, 41 NY2d 591, 599, rearg denied 42 NY2d 910; Matter of Fuhst v Foley, 45 NY2d 441, 444; Matter of Baader v Town of Aurelius Zoning Bd. of Appeals, 184 AD2d 1045). Thus, we need not determine whether respondent improperly interpreted the term "place of public assembly” found in section 1202.1-7 of the Zoning Law of the Town of North Dansville. (Appeal from Judgment of Supreme Court, Livingston County, Cicoria, J.—CPLR art 78.) Present—Pine, J. P., Lawton, Doerr, Boehm and Fallon, JJ.

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Judgment unanimously affirmed without costs. Memorandum: We conclude that respondent’s determination [921]*921has a rational basis and is supported by substantial evidence (see, Matter of Cowan v Kern, 41 NY2d 591, 599, rearg denied 42 NY2d 910; Matter of Fuhst v Foley, 45 NY2d 441, 444; Matter of Baader v Town of Aurelius Zoning Bd. of Appeals, 184 AD2d 1045). Thus, we need not determine whether respondent improperly interpreted the term "place of public assembly” found in section 1202.1-7 of the Zoning Law of the Town of North Dansville. (Appeal from Judgment of Supreme Court, Livingston County, Cicoria, J.—CPLR art 78.) Present—Pine, J. P., Lawton, Doerr, Boehm and Fallon, JJ.

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Bluebook (online)

237 A.D.2d 920, 656 N.Y.S.2d 1009, 1997 N.Y. App. Div. LEXIS 3514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gee-v-zoning-board-of-appeals-nyappdiv-1997.

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