From Casetext: Smarter Legal Research

Matter of Johnson v. Westhampton Beach

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 1997
244 A.D.2d 335 (N.Y. App. Div. 1997)

Opinion

November 3, 1997

Appeal from the Supreme Court, Suffolk County (Stark, J.).


Ordered that the judgment is reversed, on the law, with costs, the cause of action asserted in the petition/complaint seeking to annul the determination dated May 18, 1995, is denied, the determination is confirmed, that branch of the petition/complaint is dismissed on the merits and the matter is remitted to the Supreme Court, Suffolk County, for a determination of the causes of action seeking, inter alia, declaratory relief.

In a proceeding pursuant to CPLR article 78 to review a determination of a zoning board of appeals, judicial review is limited to determining whether the action taken by the board is supported by substantial evidence and is not illegal, arbitrary, or an abuse of discretion (see, Matter of Khan v. Zoning Bd. of Appeals, 87 N.Y.2d 344, 351; Matter of Fuhst v. Foley, 45 N.Y.2d 441, 445). In considering the petitioner's application, the respondent Zoning Board of Appeals of the Village of Westhampton Beach (hereinafter Westhampton Beach) properly applied the balancing test prescribed by Village Law § 7-712-b (3) (b) (see, Matter of Khan v. Zoning Bd. of Appeals, supra, at 352; Matter of Malin v Leibowitz, 229 A.D.2d 580). Because the factual findings of Westhampton Beach, as a whole, had a rational basis in the record and were supported by substantial evidence its determination should have been sustained.

In light of our determination on the portion of the petition/ complaint seeking relief pursuant to CPLR article 78, the matter must be remitted for a determination of those causes of action seeking, inter alia, declaratory relief.

Bracken, J. P., Copertino, Sullivan and McGinity, JJ., concur.


Summaries of

Matter of Johnson v. Westhampton Beach

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 1997
244 A.D.2d 335 (N.Y. App. Div. 1997)
Case details for

Matter of Johnson v. Westhampton Beach

Case Details

Full title:In the Matter of EDWARD H. JOHNSON, Respondent, v. VILLAGE OF WESTHAMPTON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 3, 1997

Citations

244 A.D.2d 335 (N.Y. App. Div. 1997)
663 N.Y.S.2d 663

Citing Cases

Stroh v. Gross

ORDERED that the order and judgment is affirmed insofar as reviewed, with costs. The determination of the…

Pantelidis v. N.Y

us ( see Matter of James H. Maloy, Inc. v Zoning Bd. of Appeals of Town of Sand Lake, 168 AD2d 874, 876; see…