Terraces on the Sound, Inc. v. Town of Brookhaven

Appellate Division of the Supreme Court of New York

Terraces on the Sound, Inc. v. Town of Brookhaven

269 A.D.2d 398, 702 N.Y.S.2d 872, 2000 N.Y. App. Div. LEXIS 1193

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

DecidedFebruary 7, 2000

StatusPublished

This text of 269 A.D.2d 398 (Terraces on the Sound, Inc. v. Town of Brookhaven) 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

Terraces on the Sound, Inc. v. Town of Brookhaven, 269 A.D.2d 398, 702 N.Y.S.2d 872, 2000 N.Y. App. Div. LEXIS 1193 (N.Y. Ct. App. 2000).

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Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Zoning Appeals of the Town of Brookhaven, which, after a hearing, granted the application of T & S Builders, Inc., for an area variance, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Berler, J.), dated September 25, 1998, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The determination of the respondent Board of Zoning Appeals of the Town of Brookhaven was rendered after reviewing environmental considerations, and balancing the factors enumerated in Town Law § 267-b (3) (see, Matter of Sasso v Osgood, 86 NY2d 374). The determination was supported by substantial evidence, and was not arbitrary, capricious, illegal, or an abuse of discretion (see, Matter of Allt v Zoning Bd. of Appeals, 255 AD2d 311; Matter of Feldi v Amster, 250 AD2d 612). Joy, J. P., Altman, Goldstein and Schmidt, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Zoning Appeals of the Town of Brookhaven, which, after a hearing, granted the application of T & S Builders, Inc., for an area variance, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Berler, J.), dated September 25, 1998, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The determination of the respondent Board of Zoning Appeals of the Town of Brookhaven was rendered after reviewing environmental considerations, and balancing the factors enumerated in Town Law § 267-b (3) (see, Matter of Sasso v Osgood, 86 NY2d 374). The determination was supported by substantial evidence, and was not arbitrary, capricious, illegal, or an abuse of discretion (see, Matter of Allt v Zoning Bd. of Appeals, 255 AD2d 311; Matter of Feldi v Amster, 250 AD2d 612). Joy, J. P., Altman, Goldstein and Schmidt, JJ., concur.

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Bluebook (online)

269 A.D.2d 398, 702 N.Y.S.2d 872, 2000 N.Y. App. Div. LEXIS 1193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terraces-on-the-sound-inc-v-town-of-brookhaven-nyappdiv-2000.

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