Jones v. Board of Appeals on Zoning

Appellate Division of the Supreme Court of New York

Jones v. Board of Appeals on Zoning

262 A.D.2d 413, 689 N.Y.S.2d 662, 1999 N.Y. App. Div. LEXIS 6299

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

DecidedJune 7, 1999

StatusPublished

This text of 262 A.D.2d 413 (Jones v. Board of Appeals on Zoning) 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.

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Jones v. Board of Appeals on Zoning, 262 A.D.2d 413, 689 N.Y.S.2d 662, 1999 N.Y. App. Div. LEXIS 6299 (N.Y. Ct. App. 1999).

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Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Appeals on Zoning of the City of New Rochelle, dated June 6, 1997, which denied the petitioner’s application for an area variance, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Lange, J.), entered January 28, 1998, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The determination by the Board of Appeals on Zoning of the City of New Rochelle denying the petitioner’s application for a variance was based on substantial evidence in the record and was not arbitrary and capricious (see, Matter of Fuhst v Foley, 45 NY2d 441; Matter of Dueger v Zoning Bd. of Appeals, 96 AD2d 905, affd 61 NY2d 743).

The petitioner’s remaining contentions are without merit. Bracken, J. P., Thompson, Sullivan and Friedmann, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Appeals on Zoning of the City of New Rochelle, dated June 6, 1997, which denied the petitioner’s application for an area variance, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Lange, J.), entered January 28, 1998, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The determination by the Board of Appeals on Zoning of the City of New Rochelle denying the petitioner’s application for a variance was based on substantial evidence in the record and was not arbitrary and capricious (see, Matter of Fuhst v Foley, 45 NY2d 441; Matter of Dueger v Zoning Bd. of Appeals, 96 AD2d 905, affd 61 NY2d 743).

The petitioner’s remaining contentions are without merit. Bracken, J. P., Thompson, Sullivan and Friedmann, JJ., concur.

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Bluebook (online)

262 A.D.2d 413, 689 N.Y.S.2d 662, 1999 N.Y. App. Div. LEXIS 6299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-board-of-appeals-on-zoning-nyappdiv-1999.

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