Stateline Plaza, Inc. v. Duffy

Appellate Division of the Supreme Court of New York

Stateline Plaza, Inc. v. Duffy

266 A.D.2d 465, 698 N.Y.S.2d 536, 1999 N.Y. App. Div. LEXIS 12011

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

DecidedNovember 22, 1999

StatusPublished

This text of 266 A.D.2d 465 (Stateline Plaza, Inc. v. Duffy) 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

Stateline Plaza, Inc. v. Duffy, 266 A.D.2d 465, 698 N.Y.S.2d 536, 1999 N.Y. App. Div. LEXIS 12011 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Zoning Board of Appeals of the Town of Orangetown dated January 7, 1998, which, after a hearing, determined that the petitioner was required to obtain a building permit to erect a barrier, the appeal is from a judgment of the Supreme Court, Rockland County (Sherwood, J.), dated August 11, 1998, which, inter alia, confirmed the determination and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The determination of the Zoning Board of Appeals of the Town of Orangetown that the barrier erected by the petitioner was a fence which requires an application for a building permit was in accordance with the language of the Zoning Code (see, Zoning Code of Town of Orangetown §§ 5.226, 10.221, 11.2).

The petitioner’s remaining contentions are without merit. Altman, J. P., Florio, H. Miller and Schmidt, JJ., concur.

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—In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Zoning Board of Appeals of the Town of Orangetown dated January 7, 1998, which, after a hearing, determined that the petitioner was required to obtain a building permit to erect a barrier, the appeal is from a judgment of the Supreme Court, Rockland County (Sherwood, J.), dated August 11, 1998, which, inter alia, confirmed the determination and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The determination of the Zoning Board of Appeals of the Town of Orangetown that the barrier erected by the petitioner was a fence which requires an application for a building permit was in accordance with the language of the Zoning Code (see, Zoning Code of Town of Orangetown §§ 5.226, 10.221, 11.2).

The petitioner’s remaining contentions are without merit. Altman, J. P., Florio, H. Miller and Schmidt, JJ., concur.

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Bluebook (online)

266 A.D.2d 465, 698 N.Y.S.2d 536, 1999 N.Y. App. Div. LEXIS 12011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stateline-plaza-inc-v-duffy-nyappdiv-1999.