Johnston v. Board of Appeals

Appellate Division of the Supreme Court of New York

Johnston v. Board of Appeals

56 A.D.2d 837, 392 N.Y.S.2d 72, 1977 N.Y. App. Div. LEXIS 11162

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

DecidedMarch 7, 1977

StatusPublished

This text of 56 A.D.2d 837 (Johnston 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

Johnston v. Board of Appeals, 56 A.D.2d 837, 392 N.Y.S.2d 72, 1977 N.Y. App. Div. LEXIS 11162 (N.Y. Ct. App. 1977).

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Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent, dated August 21, 1975, which, after a hearing, denied petitioners’ application for two variances, petitioners appeal from a judgment of the Supreme Court, Nassau County, dated February 4, 1976, which confirmed the determination and dismissed the petition. Judgment affirmed, without costs or disbursements. We agree with the respondent’s determination that Municipal Parking Field No. 1, including the Spruce Street access, is not a street within the meaning of the zoning ordinance of the Incorporated Village of Cedarhurst. We also agree that the variances sought, from the off-street parking and public street frontage requirements, were properly denied (see Matter of Overhill Bldg. Co. v Delany, 28 NY2d 449). Hopkins, Acting P. J., Latham, Damiani and Hawkins, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent, dated August 21, 1975, which, after a hearing, denied petitioners’ application for two variances, petitioners appeal from a judgment of the Supreme Court, Nassau County, dated February 4, 1976, which confirmed the determination and dismissed the petition. Judgment affirmed, without costs or disbursements. We agree with the respondent’s determination that Municipal Parking Field No. 1, including the Spruce Street access, is not a street within the meaning of the zoning ordinance of the Incorporated Village of Cedarhurst. We also agree that the variances sought, from the off-street parking and public street frontage requirements, were properly denied (see Matter of Overhill Bldg. Co. v Delany, 28 NY2d 449). Hopkins, Acting P. J., Latham, Damiani and Hawkins, JJ., concur.

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Bluebook (online)

56 A.D.2d 837, 392 N.Y.S.2d 72, 1977 N.Y. App. Div. LEXIS 11162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-v-board-of-appeals-nyappdiv-1977.

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