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
zoning board
Article 78 appeal for expansion of multifamily barn denied
By Kevin Sheerin on
Posted in Article 78
Matter of Michael Mimassi v Town of Whitestown Zoning Board of Appeals
Petitioner brought about this Article 78 proceeding to challenge a judgment of the Supreme Court dismissing a petition to review a determination of the Whitestown Zoning Board of Appeals (ZBA). Petitioner purchased property in the Town of Whitestown that included a farmhouse that…
Article 78 to review Zoning Board of Appeals decision granted
By Kevin Sheerin on
Posted in Article 78
Matter of Craig Emmerling and Lynn Emmerling v Town of Richmon Zoning Board of Appeals
This article 78 appeal was brought about to challenge a judgment of the Supreme Court dismissing a petition. Petitioners commenced an article 78 appeal to reverse the determination of the Town of Richmond Zoning Board of Appeals (ZBA) that required…
Zoning issue remitted to planning board for further investigation
By Kevin Sheerin on
Posted in Article 78
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…
Board of Zoning Appeals decision reversed
By Kevin Sheerin on
Posted in Article 78
Matter of Joseph Anayati v Board of Zoning Appeals of Town of North Hempstead
In this Article 78 case, petitioners sought to review a determination of the Board of Zoning Appeals (hereinafter BZA) of the Town of North Hempstead dismissing their application for area variances. In 2003, petitioners began building a home in North Hempstead.
Zoning Board of Appeals variance denial upheld
By Kevin Sheerin on
Posted in Article 78
Danny Alcantara v. Zoning Board of Appeals, Village of Ossing, State of New York
Petitioner applied to the Zoning Board of Appeals (ZBA), Village of Ossining, State of New York for an area variance regarding renovation of the commercial portion of the mixed use residential and commercial area. After a hearing, the ZBA denied Petitioner’s application. Petitioner…
Article 78 to fight issuance of accessory apartment variance denied
By Kevin Sheerin on
Posted in Article 78
Matter of Shelter Island Association v Zoning Board of Appeals of Town of Shelter Island
This Article 78 appeal was brought about to challenge the decision of the Zoning Board of Appeals of the Town of Shelter Island granting respondent John Meister’s application for an accessory apartment variance. Supreme Court denied petitioners’ motion for leave…
Appeal of Southhold Zoning Change denied.
By Kevin Sheerin on
Posted in Article 78
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…