Holy Trinity Greek Orthodox Church of Hicksville, Inc. v. Casey

Appellate Division of the Supreme Court of New York

Holy Trinity Greek Orthodox Church of Hicksville, Inc. v. Casey

150 A.D.2d 448, 541 N.Y.S.2d 56, 1989 N.Y. App. Div. LEXIS 6465

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

DecidedMay 8, 1989

StatusPublished

This text of 150 A.D.2d 448 (Holy Trinity Greek Orthodox Church of Hicksville, Inc. v. Casey) 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

Holy Trinity Greek Orthodox Church of Hicksville, Inc. v. Casey, 150 A.D.2d 448, 541 N.Y.S.2d 56, 1989 N.Y. App. Div. LEXIS 6465 (N.Y. Ct. App. 1989).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Oyster Bay, dated October 22, 1987, which, after a hearing, denied the petitioner’s application for a special use variance for reduction of off-street parking spaces, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Roncallo, J.), dated July 25, 1988, which dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

[449]*449The record contains substantial evidence that the 50-space off-street parking deficiency generated by the proposed use would have a negative impact on the surrounding community and, consequently, the denial of the petitioner’s application for a variance was reasonably related to the public health, safety and welfare of the Town of Oyster Bay (see, Cornell Univ. v Bagnardi, 68 NY2d 583). Mangano, J. P., Thompson, Bracken and Eiber, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Oyster Bay, dated October 22, 1987, which, after a hearing, denied the petitioner’s application for a special use variance for reduction of off-street parking spaces, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Roncallo, J.), dated July 25, 1988, which dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

[449]*449The record contains substantial evidence that the 50-space off-street parking deficiency generated by the proposed use would have a negative impact on the surrounding community and, consequently, the denial of the petitioner’s application for a variance was reasonably related to the public health, safety and welfare of the Town of Oyster Bay (see, Cornell Univ. v Bagnardi, 68 NY2d 583). Mangano, J. P., Thompson, Bracken and Eiber, JJ., concur.

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Bluebook (online)

150 A.D.2d 448, 541 N.Y.S.2d 56, 1989 N.Y. App. Div. LEXIS 6465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holy-trinity-greek-orthodox-church-of-hicksville-inc-v-casey-nyappdiv-1989.

Opinion

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