Turner v. Town of Grand Island Building Department

Appellate Division of the Supreme Court of New York

Turner v. Town of Grand Island Building Department

97 A.D.2d 980, 468 N.Y.S.2d 783, 1983 N.Y. App. Div. LEXIS 20830

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

DecidedNovember 4, 1983

StatusPublished

Cited by5 cases

This text of 97 A.D.2d 980 (Turner v. Town of Grand Island Building Department) 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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Turner v. Town of Grand Island Building Department, 97 A.D.2d 980, 468 N.Y.S.2d 783, 1983 N.Y. App. Div. LEXIS 20830 (N.Y. Ct. App. 1983).

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Opinion

Judgment unanimously affirmed, without costs, in accordance with the following memorandum: Petitioner’s CPLR article 78 proceeding, challenging a decision of the town building inspector, must be dismissed for failure to exhaust administrative remedies (Watergate II Apts, v Buffalo Sewer Auth., 46 NY2d 52, 57; Young Men’s Christian Assn, v Rochester Pure Waters Dist., 37 NY2d 371, 375). Under local law, petitioner could have taken an administrative appeal to the Grand Island Zoning Board of Appeals (Ordinances of Town of Grand Island, §§ 49-30,49-32, subd A, par [1]). His failure to do so precludes him from seeking article 78 relief (CPLR 7801, subd 1). (Appeal from judgment of Supreme Court, Erie County, Wolf, J. — art 78.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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Judgment unanimously affirmed, without costs, in accordance with the following memorandum: Petitioner’s CPLR article 78 proceeding, challenging a decision of the town building inspector, must be dismissed for failure to exhaust administrative remedies (Watergate II Apts, v Buffalo Sewer Auth., 46 NY2d 52, 57; Young Men’s Christian Assn, v Rochester Pure Waters Dist., 37 NY2d 371, 375). Under local law, petitioner could have taken an administrative appeal to the Grand Island Zoning Board of Appeals (Ordinances of Town of Grand Island, §§ 49-30,49-32, subd A, par [1]). His failure to do so precludes him from seeking article 78 relief (CPLR 7801, subd 1). (Appeal from judgment of Supreme Court, Erie County, Wolf, J. — art 78.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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Bluebook (online)

97 A.D.2d 980, 468 N.Y.S.2d 783, 1983 N.Y. App. Div. LEXIS 20830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-town-of-grand-island-building-department-nyappdiv-1983.

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