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McGlasson Realty, Inc. v. Town of Greenburgh Zoning Board of Appeals

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 1998
249 A.D.2d 548 (N.Y. App. Div. 1998)

Opinion

April 27, 1998

Appeal from the Supreme Court, Westchester County (Leavitt, J.).


Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, and the determination is annulled.

Following several public hearings the petitioner was granted a variance to develop its property into two parcels. More than one year later, based upon a letter on behalf of various landowners claiming that their properties directly abutted the petitioner's property and that they were not given written notification of the public hearings, the Town of Greenburgh Zoning Board of Appeals (hereinafter the Zoning Board) held a hearing to determine whether the public hearings should be reopened. The Zoning Board determined that the public hearings should be reopened, and the petitioner commenced the instant proceeding to annul that determination. The Supreme Court denied the petition. We reverse.

The evidence before the Zoning Board established that the adjoining landowners were provided with proper and timely-mailed notices of the public hearings conducted in connection with the petitioner's application for a variance. The landowners' contentions to the contrary were conclusory and insufficient to rebut the presumption of notice which arose in this matter ( see, e.g, Matter of T.E.A. Mar. Automotive Corp. v. Scaduto, 181 A.D.2d 776, 779; Rosa v. Board of Examiners, 143 A.D.2d 351; Matter of Rapuzzi v. City of N.Y. Civ. Serv. Commn., 161 A.D.2d 715, 715-716; see also, Facey v. Heyward, 244 A.D.2d 452; Matter of Panama Leasing Co. v. Division of Hous. Community Renewal, 237 A.D.2d 444; cf., Nassau Ins. Co. v. Murray, 46 N.Y.2d 828, 829). Inasmuch as there was no substantial evidence supporting the Zoning Board's decision to reopen the public hearings, the petitioner's application to annul the Zoning Board's determination should have been granted.

Mangano, P.J., Miller, Ritter and Thompson, JJ., concur.


Summaries of

McGlasson Realty, Inc. v. Town of Greenburgh Zoning Board of Appeals

Appellate Division of the Supreme Court of New York, Second Department
Apr 27, 1998
249 A.D.2d 548 (N.Y. App. Div. 1998)
Case details for

McGlasson Realty, Inc. v. Town of Greenburgh Zoning Board of Appeals

Case Details

Full title:In the Matter of McGLASSON REALTY, INC., Appellant, v. TOWN OF GREENBURGH…

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

Date published: Apr 27, 1998

Citations

249 A.D.2d 548 (N.Y. App. Div. 1998)
671 N.Y.S.2d 340