Marte v. Town of Greenburgh

Appellate Division of the Supreme Court of New York

Marte v. Town of Greenburgh

13 A.D.3d 630, 786 N.Y.S.2d 345, 2004 N.Y. App. Div. LEXIS 15739

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

DecidedDecember 27, 2004

StatusPublished

Cited by1 cases

This text of 13 A.D.3d 630 (Marte v. Town of Greenburgh) 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

Marte v. Town of Greenburgh, 13 A.D.3d 630, 786 N.Y.S.2d 345, 2004 N.Y. App. Div. LEXIS 15739 (N.Y. Ct. App. 2004).

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Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Greenburgh dated July 19, 2002, which, after a hearing, denied the petitioners’ application to waive the provisions of a temporary moratorium prohibiting the filing, acceptance, and/or approval of any applications, inter alia, for subdivision, the appeal, as limited by the appellants’ brief, is from so much of a judgment of the Supreme Court, Westchester County (Zambelli, J.), entered December 18, 2002, as granted the petition, and vacated and annulled the determination.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the appellants’ contention, the Supreme Court properly found that the determination of the Town Board of the Town of Greenburgh that the lot in question was not a build-able lot was not supported by substantial evidence in the record (see Matter of Richter v Curran, 5 AD3d 687 [2004]; Matter of Owens v Zoning Bd. of Appeals of Town of Islip, 255 AD2d 587 [1998]).

The appellants’ remaining contentions either are without merit or have been rendered academic. Smith, J.P., Luciano, Rivera and Lifson, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Greenburgh dated July 19, 2002, which, after a hearing, denied the petitioners’ application to waive the provisions of a temporary moratorium prohibiting the filing, acceptance, and/or approval of any applications, inter alia, for subdivision, the appeal, as limited by the appellants’ brief, is from so much of a judgment of the Supreme Court, Westchester County (Zambelli, J.), entered December 18, 2002, as granted the petition, and vacated and annulled the determination.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the appellants’ contention, the Supreme Court properly found that the determination of the Town Board of the Town of Greenburgh that the lot in question was not a build-able lot was not supported by substantial evidence in the record (see Matter of Richter v Curran, 5 AD3d 687 [2004]; Matter of Owens v Zoning Bd. of Appeals of Town of Islip, 255 AD2d 587 [1998]).

The appellants’ remaining contentions either are without merit or have been rendered academic. Smith, J.P., Luciano, Rivera and Lifson, JJ., concur.

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Bluebook (online)

13 A.D.3d 630, 786 N.Y.S.2d 345, 2004 N.Y. App. Div. LEXIS 15739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marte-v-town-of-greenburgh-nyappdiv-2004.

Opinion

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