Town Board v. Curcio

Appellate Division of the Supreme Court of New York

Town Board v. Curcio

138 A.D.2d 386, 525 N.Y.S.2d 587, 1988 N.Y. App. Div. LEXIS 2093

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

DecidedMarch 7, 1988

StatusPublished

This text of 138 A.D.2d 386 (Town Board v. Curcio) 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

Town Board v. Curcio, 138 A.D.2d 386, 525 N.Y.S.2d 587, 1988 N.Y. App. Div. LEXIS 2093 (N.Y. Ct. App. 1988).

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Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Town of Babylon granting the respondent New Age Builders, Inc.’s application for an area variance, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Brown, J.), entered October 3, 1986, which dismissed the petition.

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

The action of the respondent Zoning Board of Appeals of the Town of Babylon in granting an area variance to the respondent New Age Builders, Inc., had a rational basis and it is supported by substantial evidence in the record (see, Matter of Fuhst v Foley, 45 NY2d 441, 444). Kunzeman, J. P., Eiber, Harwood and Balletta, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Town of Babylon granting the respondent New Age Builders, Inc.’s application for an area variance, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Brown, J.), entered October 3, 1986, which dismissed the petition.

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

The action of the respondent Zoning Board of Appeals of the Town of Babylon in granting an area variance to the respondent New Age Builders, Inc., had a rational basis and it is supported by substantial evidence in the record (see, Matter of Fuhst v Foley, 45 NY2d 441, 444). Kunzeman, J. P., Eiber, Harwood and Balletta, JJ., concur.

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Bluebook (online)

138 A.D.2d 386, 525 N.Y.S.2d 587, 1988 N.Y. App. Div. LEXIS 2093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-board-v-curcio-nyappdiv-1988.

Opinion

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