Veteran v. Marra

Appellate Division of the Supreme Court of New York

Veteran v. Marra

78 A.D.2d 860, 432 N.Y.S.2d 631, 1980 N.Y. App. Div. LEXIS 13564

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

DecidedNovember 3, 1980

StatusPublished

This text of 78 A.D.2d 860 (Veteran v. Marra) 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

Veteran v. Marra, 78 A.D.2d 860, 432 N.Y.S.2d 631, 1980 N.Y. App. Div. LEXIS 13564 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Planning Board of the Village of Irvington, which approved a subdivision plat for the construction of 73 condominium dwellings, the petitioners appeal from a judgment of the Supreme Court, Westchester County, entered January 23, 1980, which dismissed the petition. Judgment affirmed, with one bill of $50 costs and disbursements payable to the respondents appearing on this appeal. As supported by the record, Special Term properly found that there had been no violation of any of the provisions of section 7-738 of the Village Law and that the respondent planning board did not exceed the authority granted to it by the village board of trustees when it approved a subdivision plat with only one access road. Therefore, we find that the planning board’s determination was proper, that it was founded on a rational basis and was not arbitrary and capricious. Moreover, we hold that the planning board, after it was properly designated as lead agency, complied with the requirements of the State Environmental Quality Review Act. Lazer, J. P., Cohalan, Martuscello and Weinstein, 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 Village of Irvington, which approved a subdivision plat for the construction of 73 condominium dwellings, the petitioners appeal from a judgment of the Supreme Court, Westchester County, entered January 23, 1980, which dismissed the petition. Judgment affirmed, with one bill of $50 costs and disbursements payable to the respondents appearing on this appeal. As supported by the record, Special Term properly found that there had been no violation of any of the provisions of section 7-738 of the Village Law and that the respondent planning board did not exceed the authority granted to it by the village board of trustees when it approved a subdivision plat with only one access road. Therefore, we find that the planning board’s determination was proper, that it was founded on a rational basis and was not arbitrary and capricious. Moreover, we hold that the planning board, after it was properly designated as lead agency, complied with the requirements of the State Environmental Quality Review Act. Lazer, J. P., Cohalan, Martuscello and Weinstein, JJ., concur.

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Bluebook (online)

78 A.D.2d 860, 432 N.Y.S.2d 631, 1980 N.Y. App. Div. LEXIS 13564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/veteran-v-marra-nyappdiv-1980.