Giardino v. Gardinier
This text of 124 A.D.2d 1020 (Giardino v. Gardinier) 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.
Opinion
Memorandum: We affirm upon the ground that the court correctly determined that petitioners lacked standing to contest the granting of a use variance. Petitioners did not demonstrate that they were aggrieved by the Zoning Board of Appeals determination, and mere status as a taxpayer or business competitor is an insufficient basis for standing (Matter of Dairylea Coop. v Walkley, 38 NY2d 6, 11; Matter of Paolangeli v Stevens, 19 AD2d 763). Thus viewed, it is unnecessary to reach any other issue. (Appeal from judgment of Supreme Court, Oneida County, Inglehart, J. — art 78.) Present — Callahan, J. P., Denman, Pine, Balio and Lawton, JJ.
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Cite This Page — Counsel Stack
124 A.D.2d 1020, 508 N.Y.S.2d 772, 1986 N.Y. App. Div. LEXIS 62363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giardino-v-gardinier-nyappdiv-1986.