15 Cited authorities

  1. In the Matter of Halperin v. City of New Rochelle

    24 A.D.3d 768 (N.Y. App. Div. 2005)   Cited 402 times
    In Halperin v City of New Rochelle, 24 AD3d 768, 809 NYS2d 98 (2d Dept 2005), the court held that a "substantial evidence" question arises "only where a quasi-judicial evidentiary hearing has been held."
  2. Matter of Sasso v. Osgood

    86 N.Y.2d 374 (N.Y. 1995)   Cited 482 times   1 Legal Analyses
    Reversing and granting Article 78 petition to annul zoning board decision
  3. People v. Bing

    76 N.Y.2d 331 (N.Y. 1990)   Cited 295 times
    In Bing, the New York Court of Appeals held that a criminal defendant, who had been represented by counsel on prior pending unrelated charges, was not deprived of the right to counsel under the State Constitution where, in the absence of counsel, the defendant waived his or her Miranda rights and made statements in response to police questioning on matters unrelated to the prior pending charge.
  4. Fayetteville v. Jarrold

    53 N.Y.2d 254 (N.Y. 1981)   Cited 117 times

    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

  5. Matter of Overhill Bldg. Co. v. Delany

    271 N.E.2d 537 (N.Y. 1971)   Cited 124 times
    In Overhill, a four-story building, located in a Business A district in the Village of Scarsdale, was completed in early 1955 as part of a combination office and apartment structure.
  6. In re Millennium Custom Homes v. Young

    873 N.Y.S.2d 91 (N.Y. App. Div. 2009)   Cited 13 times

    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

  7. In re Switzgable

    78 A.D.3d 842 (N.Y. App. Div. 2010)   Cited 7 times

    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

  8. In re of Dawson

    785 N.Y.S.2d 84 (N.Y. App. Div. 2004)   Cited 12 times

    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.,

  9. In re Il Classico Restaurant, Inc.

    680 N.Y.S.2d 107 (N.Y. App. Div. 1998)   Cited 15 times

    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

  10. Matter off Shore Rest. Corp. v. Linden

    282 N.E.2d 299 (N.Y. 1972)   Cited 44 times

    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