O-Co'Nee Civic Ass'n v. Scheyer

Appellate Division of the Supreme Court of New York

O-Co'Nee Civic Ass'n v. Scheyer

288 A.D.2d 386, 733 N.Y.S.2d 631, 2001 N.Y. App. Div. LEXIS 11254

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

DecidedNovember 19, 2001

StatusPublished

Cited by1 cases

This text of 288 A.D.2d 386 (O-Co'Nee Civic Ass'n 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.

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O-Co'Nee Civic Ass'n v. Scheyer, 288 A.D.2d 386, 733 N.Y.S.2d 631, 2001 N.Y. App. Div. LEXIS 11254 (N.Y. Ct. App. 2001).

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Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Is-lip dated March 23, 1999, which, after a hearing, granted Carolyn Matherson’s application for a certificate of nonconforming use, the appeals are from a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated July 5, 2000, which granted the petition and, in effect, annulled the determination.

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

The determination of the Zoning Board of Appeals of the Town of Islip was, in effect, properly annulled on the ground that it was arbitrary and capricious (see, Matter of E & B Realty v Zoning Bd. of Appeals, 275 AD2d 779). Krausman, J. P., Friedmann, Florio and Adams, 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 Is-lip dated March 23, 1999, which, after a hearing, granted Carolyn Matherson’s application for a certificate of nonconforming use, the appeals are from a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated July 5, 2000, which granted the petition and, in effect, annulled the determination.

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

The determination of the Zoning Board of Appeals of the Town of Islip was, in effect, properly annulled on the ground that it was arbitrary and capricious (see, Matter of E & B Realty v Zoning Bd. of Appeals, 275 AD2d 779). Krausman, J. P., Friedmann, Florio and Adams, JJ., concur.

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Bluebook (online)

288 A.D.2d 386, 733 N.Y.S.2d 631, 2001 N.Y. App. Div. LEXIS 11254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/o-conee-civic-assn-v-scheyer-nyappdiv-2001.

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