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Matter of Holy Family Ukrainian v. O'Connell

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 2000
270 A.D.2d 265 (N.Y. App. Div. 2000)

Opinion

Argued January 25, 2000

March 9, 2000

In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Town of Islip, dated August 11, 1998, which denied site plan approval, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Berler, J.), entered March 9, 1999, which denied the petition and dismissed the proceeding.

Eugene L. DeNicola, Sayville, N.Y. (Andrea DeNicola of counsel), for appellant.

Vincent J. Messina, Jr., Town Attorney, Islip, N.Y. (Joanne Huml of counsel), for respondents.

DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

Contrary to the petitioner's contentions, the reasons stated by the respondent planning board for denying approval of the site plan, including, inter alia, the detrimental impact on, and potential danger to, the use, value, and enjoyment of the surrounding properties because of the lack of required and adequate on-site parking, were supported by substantial evidence in the record (see, Matter of Calvi v. Zoning Bd. of Appeals of City of Yonkers, 238 A.D.2d 417 ; Bongiorno v. Planning Bd. of Inc. Vil. of Bellport, 143 A.D.2d 967 ; Moriarty v. Planning Bd. Vil. of Sloatsburg, 119 A.D.2d 188 ; Town Law 274-a). Accordingly, the proceeding was properly dismissed.

RITTER, J.P., ALTMAN, KRAUSMAN, and McGINITY, JJ., concur.


Summaries of

Matter of Holy Family Ukrainian v. O'Connell

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 2000
270 A.D.2d 265 (N.Y. App. Div. 2000)
Case details for

Matter of Holy Family Ukrainian v. O'Connell

Case Details

Full title:In the Matter of HOLY FAMILY UKRAINIAN CATHOLIC CHURCH, appellant, v…

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

Date published: Mar 9, 2000

Citations

270 A.D.2d 265 (N.Y. App. Div. 2000)
704 N.Y.S.2d 852