New York Civil Service Attorney Law Blog : New York Civil Service Lawyer & Attorney : Kevin P. Sheerin : Article 78 : Serving New York City, Long Island, Manhattan, Bronx, Brooklyn, Queens, Staten Island

Supreme Court Justice Donald Cerio ruled in two Article 78 proceedings involving the town of Sullivan and a proposed mining operation. Petitioners brought about the appeal to annul Local Law No. 6 regarding Mineral Resource Use and Mining/Quarrying Use districts in the town. Cerio’s ordered the Town of Sullivan Zoning Board of Appeals (ZBA) to holding a hearing to determine whether mining is a permitted use in an agricultural zone. He based his decision on a lack of observance of the State Quality Environmental Review Act and a lack of a certified transcript from the ZBA’s last hearing. Many Quarry Road residents are protesting the mining operation and feel that mining should not be permitted.

The ZBA must make a decision within sixty days of the Judge’s ruling.

Read more about this Article 78 zoning case here.

To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.

For other interesting information in the personal injury file go to www.negligenceatty.com.

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Matter of Anna Wei v Planning Board of Town/Village of Harrison

Petitioner brought about this Article 78 appeal to review a determination of the Planning Board of the Town/Village of Harrison denying her application to subdivide her property. The neighboring landlords then appealed from a decision of the Court which annulled the determination and remitted the issue to the Planning Board of the Town/Village of Harrison in order to make and specify factual findings as basis for its determination.

The Court finds that the order appealed from is not appealable as of right.

Accordingly, the Supreme Court dismissed the appeal, with costs.

Read more about this Article 78 Planning Board appeal.

To read about more Article 78 cases go to http://www.sheerinlaw.com/?id=78.

For other interesting information in the personal injury file go to www.negligenceatty.com.

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Matter of Bassano v Town of Carmel Zoning Board of Appeals

An Article 78 appeal was brought about by petitioner to review a determination by the Town of Carmel Zoning Board of Appeals denying petitioner’s application for an area variance. The Supreme Court granted the petition, annulling the determination and directing the variance and all necessary permits be granted for petitioner to construct a single-family dwelling on the premises. The Town then appealed the decision of the Supreme Court.

The original decision not to grant the variance sought by petitioner had no rational basis. The variance would not negatively alter the character of the neighborhood and the benefit sought was unachievable by any other means. Since there was no foreseeable adverse effect on the neighborhood, the Board’s decision to deny petitioner’s application was arbitrary and capricious and without a rational basis.

Accordingly, the Court granted the petition, annulled the determination by the Board of Appeals, and directed that the variance and all necessary permits to construct a single-family dwelling on the premises be granted.

Matter of Bassano v Town of Carmel Zoning Bd. of Appeals (2008 NY Slip Op 09074)

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Zupa v. Zoning Board of Appeals of Town of Southhold  Index #29166/06 Appellate Division, Second Department

Zupa appealed Southold's interpretation of the Town Code sect 280-121(A) that the proposed realignment of the dock/marina would not be a change that would render inapplicable the provisions concerning non-conforming uses.  The Court held that the Town Board decision was rational and not arbitrary and capricious.  The appeal was dismissed. Read the decision here:   www.nycourts.gov/reporter/3dseries/2008/2008_08748.htm

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