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Matter of Pellicane v. Nardy

Appellate Division of the Supreme Court of New York, Second Department
Aug 3, 1981
83 A.D.2d 842 (N.Y. App. Div. 1981)

Opinion

August 3, 1981


In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Zoning Board of Appeals of the Town of Southampton which denied petitioner's application for area variances, the appeal is from a judgment of the Supreme Court, Suffolk County (Jaspan, J.), dated November 3, 1980, which dismissed the petition. Judgment affirmed, with costs. Special Term properly determined that the Zoning Board of Appeals lacked jurisdiction to grant the 10 requested area variances (see Van Deusen v. Jackson, 35 A.D.2d 58, affd 28 N.Y.2d 608; cf. Matter of Cohalan v. Schermerhorn, 77 Misc.2d 23). Gulotta, J.P., Cohalan, O'Connor and Bracken, JJ., concur.


Summaries of

Matter of Pellicane v. Nardy

Appellate Division of the Supreme Court of New York, Second Department
Aug 3, 1981
83 A.D.2d 842 (N.Y. App. Div. 1981)
Case details for

Matter of Pellicane v. Nardy

Case Details

Full title:In the Matter of RICHARD PELLICANE, Appellant, v. ROBERT V. NARDY et al.…

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

Date published: Aug 3, 1981

Citations

83 A.D.2d 842 (N.Y. App. Div. 1981)

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