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MATTER OF PHILIPPS v. TOWN OF WASHINGTON ZON

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2000
278 A.D.2d 496 (N.Y. App. Div. 2000)

Opinion

Submitted November 28, 2000.

December 27, 2000.

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Town of Washington Zoning Board of Appeals dated January 20, 1998, denying the petitioners' application to revoke a certificate of occupancy issued to the respondent M. Heidi Otto, the petitioners appeal from a judgment of the Supreme Court, Dutchess County (Beisner, J.), dated January 13, 1999, which denied the petition and dismissed the proceeding.

Teahan Constantino, Poughkeepsie, N.Y. (Richard I. Cantor of counsel), for appellants.

Van DeWater Van DeWater, LLP, Poughkeepsie, N.Y. (Susanna E. Bedell and John K. Gifford of counsel), for respondent Town of Washington Zoning Board of Appeals.

Before: DAVID S. RITTER, J.P., HOWARD MILLER, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

Judicial review of a zoning board determination is limited, and the determination must be upheld if it has a rational basis and is supported by substantial evidence (see, Matter of Fuhst v. Foley, 45 N.Y.2d 441, 444; Matter of Cowan v. Kern, 41 N.Y.2d 591, 598, 599; Matter of Clarkson Realty Holding Corp. v. Scheyer, 172 A.D.2d 521, 522; Matter of Perger v. Zoning Bd. of Appeals, 146 A.D.2d 698). In this case, substantial evidence was presented at the hearing to establish that in 1991, the respondent Town of Washington Zoning Board of Appeals properly granted frontage and width-area variances to the respondent M. Heidi Otto. Thus, the building was properly constructed and the certificate of occupancy was correctly issued.

The petitioners' remaining contentions are without merit.


Summaries of

MATTER OF PHILIPPS v. TOWN OF WASHINGTON ZON

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2000
278 A.D.2d 496 (N.Y. App. Div. 2000)
Case details for

MATTER OF PHILIPPS v. TOWN OF WASHINGTON ZON

Case Details

Full title:IN THE MATTER OF RICHARD PHILIPPS, ETC., ET AL., APPELLANTS, v. TOWN OF…

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 496 (N.Y. App. Div. 2000)
718 N.Y.S.2d 91