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

Appellate Division of the Supreme Court of the State of New York·Decided March 14, 1997·Published

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.

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).

Pincite

237 A.D.2d 920 (Gee v. Zoning Board of Appeals) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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