Levy v. Board of Zoning & Appeals

Appellate Division of the Supreme Court of New York

Levy v. Board of Zoning & Appeals

160 A.D.2d 941, 555 N.Y.S.2d 625, 1990 N.Y. App. Div. LEXIS 4786

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

DecidedApril 23, 1990

StatusPublished

Cited by2 cases

This text of 160 A.D.2d 941 (Levy v. Board of Zoning & 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

Levy v. Board of Zoning & Appeals, 160 A.D.2d 941, 555 N.Y.S.2d 625, 1990 N.Y. App. Div. LEXIS 4786 (N.Y. Ct. App. 1990).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning and Appeals of the Village of Kings Point, dated June 22, 1988, which denied the petitioners’ application for an area variance, the Board of Zoning and Appeals of the Village of Kings Point appeals from a judgment of the Supreme Court, Nassau County (O’Shaughnessy, J.), entered November 14,1988, which granted the [942]*942petition, annulled the determination, and directed that the petitioners’ application for an area variance be granted.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

In their application for a variance, the petitioners sought permission "to allow the construction of bedrooms and baths over a IV2 story family room existing in a required rearyard”. The question presented on this appeal, i.e., whether the appellant Board of Zoning and Appeals acted properly in denying this application, has been rendered moot as a result of the total demolition of the single-family house in question. The appeal, therefore, is dismissed. Bracken, J. P., Lawrence, Kunzeman and Kooper, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning and Appeals of the Village of Kings Point, dated June 22, 1988, which denied the petitioners’ application for an area variance, the Board of Zoning and Appeals of the Village of Kings Point appeals from a judgment of the Supreme Court, Nassau County (O’Shaughnessy, J.), entered November 14,1988, which granted the [942]*942petition, annulled the determination, and directed that the petitioners’ application for an area variance be granted.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

In their application for a variance, the petitioners sought permission "to allow the construction of bedrooms and baths over a IV2 story family room existing in a required rearyard”. The question presented on this appeal, i.e., whether the appellant Board of Zoning and Appeals acted properly in denying this application, has been rendered moot as a result of the total demolition of the single-family house in question. The appeal, therefore, is dismissed. Bracken, J. P., Lawrence, Kunzeman and Kooper, JJ., concur.

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Bluebook (online)

160 A.D.2d 941, 555 N.Y.S.2d 625, 1990 N.Y. App. Div. LEXIS 4786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-board-of-zoning-appeals-nyappdiv-1990.

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