Appellate Division of the Supreme Court of New York, 1998

Becvar v. Scheyer

Appellate Division of the Supreme Court of New York · Decided May 26, 1998

250 A.D.2d 842; 673 N.Y.S.2d 210; 1998 N.Y. App. Div. LEXIS 6032

Cases that cite this one

11 later published cases cite this decision.

Caspian Realty, Inc. v. Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 2009)
Matter of Bonadonna v. Board of Zoning Appeals of the Inc. Vil. of Upper Brookville (Appellate Division of the Supreme Court of New York 2023)
Matter of Morris Motel, LLC v. DeChance (Appellate Division of the Supreme Court of New York 2021)
Matter of Schwartz v. LaRocca (Appellate Division of the Supreme Court of New York 2018)
Matter of Latuga v. Giannadeo (Appellate Division of the Supreme Court of New York 2016)
Matter of Sacher v. Village of Old Brookville (Appellate Division of the Supreme Court of New York 2015)
Fagan v. Colson (Appellate Division of the Supreme Court of New York 2008)
Merlotto v. Town of Patterson Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 2007)
Wolf Hill Properties, Inc. v. Modelewski (Appellate Division of the Supreme Court of New York 2005)
Biscardi v. Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 2001)
SoHo Alliance v. New York City Board of Standards & Appeals (Appellate Division of the Supreme Court of New York 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Town of Islip dated December 17, 1996, which denied the petitioners’ application for certain area variances, the appeal is from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), dated June 18, 1997, which annulled the determination and granted the petition on stated conditions.

*843Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed, on the merits.

The petitioners added a second story to their house without obtaining a building permit, and later sought the necessary area variances in connection with the sale of the house as illegally restructured. In light of the self-created nature of the hardship which the petitioners now confront, and in light of the substantial nature of the multiple variances they request, we cannot conclude that the Zoning Board of Appeals acted irrationally or capriciously in denying the application (see, Town Law § 267-b [3] [b]; see also, Matter of McGlasson Realty v Town of Patterson Bd. of Appeals, 234 AD2d 462; Matter of Robbins v Seife, 215 AD2d 665; cf., Matter of Baker v Brownlie, 248 AD2d 527). Bracken, J. P., O’Brien, Copertino and Altman,' JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.