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Matter of McCabe v. Minicozzi

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1996
227 A.D.2d 487 (N.Y. App. Div. 1996)

Opinion

May 13, 1996

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


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly dismissed the appellants' petition to review a determination of the Zoning Board of Appeals of the Village of Lindenhurst (hereinafter the ZBA) on the basis that the appellants were not aggrieved, and thus, lacked standing ( see, Village Law § 7-712-c). The record establishes that the appellants failed to sufficiently demonstrate that they "sustained special damage, different in kind and degree from the community generally" as a result of the determination of the ZBA ( Matter of Sun-Brite Car Wash v. Board of Zoning Appeals, 69 N.Y.2d 406, 413), or that their respective properties were in "close proximity" to the subject parcel entitling them to an inference of injury sufficient to provide standing ( see, Matter of Darlington v. City of Ithaca, 202 A.D.2d 831; Matter of Casement v. Town of Poughkeepsie Planning Bd., 162 A.D.2d 685; Matter of Burns Pharmacy v. Conley, 146 A.D.2d 842).

The appellants' remaining contentions are either without merit or need not be addressed in light of our determination. Balletta, J.P., Sullivan, Santucci and Altman, JJ., concur.


Summaries of

Matter of McCabe v. Minicozzi

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1996
227 A.D.2d 487 (N.Y. App. Div. 1996)
Case details for

Matter of McCabe v. Minicozzi

Case Details

Full title:In the Matter of WANDA McCABE et al., Appellants, v. WILLIAM MINICOZZI et…

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

Date published: May 13, 1996

Citations

227 A.D.2d 487 (N.Y. App. Div. 1996)
643 N.Y.S.2d 128

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