Karmel v. Board of Appeals

Appellate Division of the Supreme Court of New York

Karmel v. Board of Appeals

303 A.D.2d 507, 756 N.Y.S.2d 440

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

DecidedMarch 10, 2003

StatusPublished

Cited by1 cases

This text of 303 A.D.2d 507 (Karmel 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

Karmel v. Board of Appeals, 303 A.D.2d 507, 756 N.Y.S.2d 440 (N.Y. Ct. App. 2003).

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Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Appeals of the City of White Plains dated July 30, 2001, which denied the petitioners’ challenge to the issuance of a building permit to the respondent First Assembly of God Church, the appeal is from a judgment of the Supreme Court, Westchester County (Molea, J.), dated December 20, 2001, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with one bill of costs to the municipal respondents.

The determination of the respondent Board of Appeals of the City of White Plains dated July 30, 2001, was neither arbitrary nor capricious and had a rational basis (see Matter of Ficalora v Planning Bd. of Town of E. Hampton, 262 AD2d 320 [1999]; Matter of Johnson v Village of Westhampton Beach, 244 AD2d 335 [1997]).

In light of our determination, we need not reach the remaining contentions. Altman, J.P., Friedmann, McGinity and Crane, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Appeals of the City of White Plains dated July 30, 2001, which denied the petitioners’ challenge to the issuance of a building permit to the respondent First Assembly of God Church, the appeal is from a judgment of the Supreme Court, Westchester County (Molea, J.), dated December 20, 2001, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with one bill of costs to the municipal respondents.

The determination of the respondent Board of Appeals of the City of White Plains dated July 30, 2001, was neither arbitrary nor capricious and had a rational basis (see Matter of Ficalora v Planning Bd. of Town of E. Hampton, 262 AD2d 320 [1999]; Matter of Johnson v Village of Westhampton Beach, 244 AD2d 335 [1997]).

In light of our determination, we need not reach the remaining contentions. Altman, J.P., Friedmann, McGinity and Crane, JJ., concur.

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Bluebook (online)

303 A.D.2d 507, 756 N.Y.S.2d 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karmel-v-board-of-appeals-nyappdiv-2003.

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