Rex Realty of Connecticut, Inc. v. Broderick

Appellate Division of the Supreme Court of New York

Rex Realty of Connecticut, Inc. v. Broderick

215 A.D.2d 664, 628 N.Y.S.2d 500, 1995 N.Y. App. Div. LEXIS 5384

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

DecidedMay 22, 1995

StatusPublished

This text of 215 A.D.2d 664 (Rex Realty of Connecticut, Inc. v. Broderick) 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

Rex Realty of Connecticut, Inc. v. Broderick, 215 A.D.2d 664, 628 N.Y.S.2d 500, 1995 N.Y. App. Div. LEXIS 5384 (N.Y. Ct. App. 1995).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Planning Board of the Town and Village of Harrison dated January 26, 1993, which, after a hearing, denied the petitioner’s application for approval of a site plan, the appeal is from a judgment of the Supreme Court, Westchester County (Cowhey, J.), dated October 15, 1993, which granted the petition, annulled the determination, and directed that the site plan be approved.

Ordered that the judgment is affirmed, with costs.

The record does not support the Planning Board’s contention that its determination was based upon public health, safety, and general welfare concerns (see, Esposito Bldrs. v [665]*665Coffman,, 183 AD2d 828). Thus, the Supreme Court properly determined that the Planning Board’s findings are unsupported by the record, and it properly annulled the determination as an abuse of discretion. Further, the Supreme Court properly directed that the Planning Board approve the site plan (see, Matter of WEOK Broadcasting Corp. v Planning Bd., 79 NY2d 373; Matter of Texaco Ref. & Mktg. v Valente, 174 AD2d 674). Rosenblatt, J. P., Miller, Ritter and Krausman, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Planning Board of the Town and Village of Harrison dated January 26, 1993, which, after a hearing, denied the petitioner’s application for approval of a site plan, the appeal is from a judgment of the Supreme Court, Westchester County (Cowhey, J.), dated October 15, 1993, which granted the petition, annulled the determination, and directed that the site plan be approved.

Ordered that the judgment is affirmed, with costs.

The record does not support the Planning Board’s contention that its determination was based upon public health, safety, and general welfare concerns (see, Esposito Bldrs. v [665]*665Coffman,, 183 AD2d 828). Thus, the Supreme Court properly determined that the Planning Board’s findings are unsupported by the record, and it properly annulled the determination as an abuse of discretion. Further, the Supreme Court properly directed that the Planning Board approve the site plan (see, Matter of WEOK Broadcasting Corp. v Planning Bd., 79 NY2d 373; Matter of Texaco Ref. & Mktg. v Valente, 174 AD2d 674). Rosenblatt, J. P., Miller, Ritter and Krausman, JJ., concur.

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Bluebook (online)

215 A.D.2d 664, 628 N.Y.S.2d 500, 1995 N.Y. App. Div. LEXIS 5384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rex-realty-of-connecticut-inc-v-broderick-nyappdiv-1995.

Opinion

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