Ngen Ock Lee v. Riverhead Town Board

Appellate Division of the Supreme Court of New York

Ngen Ock Lee v. Riverhead Town Board

120 A.D.2d 530, 501 N.Y.S.2d 728, 1986 N.Y. App. Div. LEXIS 56599

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

DecidedMay 5, 1986

StatusPublished

This text of 120 A.D.2d 530 (Ngen Ock Lee v. Riverhead Town Board) 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

Ngen Ock Lee v. Riverhead Town Board, 120 A.D.2d 530, 501 N.Y.S.2d 728, 1986 N.Y. App. Div. LEXIS 56599 (N.Y. Ct. App. 1986).

Pincite

Opinion

— In a proceeding pursuant to CPLR article 78 to review a determination of the Riverhead Town Board, dated December 21, 1982, denying the petitioner’s application for a special permit to operate a "Type 6 Labor Camp” on the subject premises, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (McCaffrey, J.), dated September 26, 1983, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements, without prejudice to a new application for the special permit.

The record supports a finding that the Town Board’s denial of the petitioner’s application for a special permit to operate a "Type 6 Labor Camp” on the subject premises was properly based upon the fact that the petition and the documentation in support of the application were defective, insufficient and not in conformity with the town’s rules and regulations governing the issuance of such a special permit.

Accordingly, although we affirm the judgment, our determination of the appeal is without prejudice to the petitioner submitting a new application for the special permit. Lazer, J. P., Mangano, Bracken and Niehoff, JJ., concur.

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— In a proceeding pursuant to CPLR article 78 to review a determination of the Riverhead Town Board, dated December 21, 1982, denying the petitioner’s application for a special permit to operate a "Type 6 Labor Camp” on the subject premises, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (McCaffrey, J.), dated September 26, 1983, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements, without prejudice to a new application for the special permit.

The record supports a finding that the Town Board’s denial of the petitioner’s application for a special permit to operate a "Type 6 Labor Camp” on the subject premises was properly based upon the fact that the petition and the documentation in support of the application were defective, insufficient and not in conformity with the town’s rules and regulations governing the issuance of such a special permit.

Accordingly, although we affirm the judgment, our determination of the appeal is without prejudice to the petitioner submitting a new application for the special permit. Lazer, J. P., Mangano, Bracken and Niehoff, JJ., concur.

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Bluebook (online)

120 A.D.2d 530, 501 N.Y.S.2d 728, 1986 N.Y. App. Div. LEXIS 56599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ngen-ock-lee-v-riverhead-town-board-nyappdiv-1986.