Argued May 5, 1981 Decided June 16, 1981 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, EDWARD F. McLAUGHLIN, J. John C. Setright for appellants. James F. Dwyer for Village Board of Village of Fayetteville, respondent. Chief Judge COOKE. Dispositive on this appeal is the well-established rule that a landowner who seeks a use variance must demonstrate factually, by dollars and cents proof, an inability to realize a reasonable return under existing permissible
No. 2008-00869. January 20, 2009. In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Babylon dated November 30, 2006, which, after a hearing, denied the petitioner's application for area variances, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Kerins, J.), dated December 10, 2007, which denied the petition and dismissed the proceeding. Paul J. Margiotta, Town Attorney, Lindenhurst, N.Y. (Allen E. Huggins
Nos. 2009-10684. November 9, 2010. In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Brookhaven dated April 1, 2009, which, after a hearing, granted the application of Edward S. Lewis for eight area variances, the Board of Zoning Appeals of the Town of Brookhaven and the Town of Brookhaven appeal, and Edward S. Lewis separately appeals, and as limited by their respective briefs, from so much of a judgment of the Supreme Court, Suffolk
2003-06671. November 8, 2004. In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Southold dated October 3, 2002, the Zoning Board of Appeals of the Town of Southold appeals from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), dated June 30, 2003, which annulled the determination and directed it to issue a certificate of occupancy for the petitioners' cottage. Before: Santucci, J.P., Luciano, Skelos and Lifson, JJ.,
October 19, 1998 Appeal from the Supreme Court, Nassau County (Davis, J.). Ordered that the appeal from the order is dismissed, as no appeal lies as of right from an intermediate order in a proceeding pursuant to CPLR article 78; and it is further, Ordered that the judgment is affirmed; and it is further, Ordered that the respondents are awarded one bill of costs. The appeal from the order must be dismissed as no appeal lies as of right from an intermediate order in a proceeding pursuant to CPLR
Argued February 8, 1972 Decided March 22, 1972 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, W. KINGSLEY SMITH, J. Peter J. McCormack, Corporation Counsel ( David J. Weinblatt and Morton D. Gottlieb of counsel), for appellants. Zelda Jonas and Robert A. Smith for respondent. BREITEL, J. In this article 78 proceeding to review a denial of a building permit and a variance, respondent municipal agencies appeal. The issue is whether a delicatessen in a business