From Casetext: Smarter Legal Research

Matter of Crandell v. Wigle

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 943 (N.Y. App. Div. 1989)

Opinion

March 10, 1989

Appeal from the Supreme Court, Monroe County, Finnerty, J.

Present — Dillon, P.J., Green, Pine, Balio and Lawton, JJ.


Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: In this CPLR article 78 proceeding, Special Term granted the petitioners' request for relief to the extent that it directed respondents to accept petitioners' January 30, 1988 application for a special permit and to hold a public hearing on it. This was error. The January 30, 1988 application sought a special permit for the placement of a 28-foot dock. The Zoning Board of Appeals (ZBA) rejected the application on the grounds that the application did not differ substantially from a prior application for a 30-foot dock, which the ZBA had denied. The ZBA had the authority to determine whether the second application was substantially the same as the first one, and on this record its determination was neither arbitrary nor capricious (see, Matter of Freeman v. Town of Ithaca Zoning Bd. of Appeals, 61 A.D.2d 1070; see also, Matter of Hoerner v. Tormey, 24 A.D.2d 597).


Summaries of

Matter of Crandell v. Wigle

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 943 (N.Y. App. Div. 1989)
Case details for

Matter of Crandell v. Wigle

Case Details

Full title:In the Matter of MELVIN G. CRANDELL et al., Doing Business as THE SNUGGERY…

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

Date published: Mar 10, 1989

Citations

148 A.D.2d 943 (N.Y. App. Div. 1989)
539 N.Y.S.2d 184

Citing Cases

In the Matter of Timm v. Buskirk

Therefore, the February 2001 determination of the respondent Board of Trustees of the Incorporated Village of…

Eldoma v. City of Albany

It is well recognized that "the determination to rehear an application is within the discretion of a zoning…