McDuffee v. Scheyer

Appellate Division of the Supreme Court of New York

McDuffee v. Scheyer

201 A.D.2d 566, 609 N.Y.S.2d 818, 1994 N.Y. App. Div. LEXIS 1211

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

DecidedFebruary 14, 1994

StatusPublished

This text of 201 A.D.2d 566 (McDuffee v. Scheyer) 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

McDuffee v. Scheyer, 201 A.D.2d 566, 609 N.Y.S.2d 818, 1994 N.Y. App. Div. LEXIS 1211 (N.Y. Ct. App. 1994).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Islip, dated December 11, 1990, which denied the petitioners’ application to add a second floor to their residence, the appeal is from a judgment of the Supreme Court, Suffolk County (Lama, J.), entered November 7, 1991, which annulled the determination, and held that the construction could proceed as of right.

Ordered that the judgment is affirmed, without costs or disbursements.

Under the specific facts of this case, we find that further variances, in addition to those previously granted by the appellants, were not necessary for the petitioners to proceed with construction. Ritter, J. P., Pizzuto, Friedmann and Goldstein, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Islip, dated December 11, 1990, which denied the petitioners’ application to add a second floor to their residence, the appeal is from a judgment of the Supreme Court, Suffolk County (Lama, J.), entered November 7, 1991, which annulled the determination, and held that the construction could proceed as of right.

Ordered that the judgment is affirmed, without costs or disbursements.

Under the specific facts of this case, we find that further variances, in addition to those previously granted by the appellants, were not necessary for the petitioners to proceed with construction. Ritter, J. P., Pizzuto, Friedmann and Goldstein, JJ., concur.

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Bluebook (online)

201 A.D.2d 566, 609 N.Y.S.2d 818, 1994 N.Y. App. Div. LEXIS 1211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcduffee-v-scheyer-nyappdiv-1994.