Polsen v. Rosenberg
Cases that cite this one
1 later published case cites this decision.
- Elide Building Corp. v. Allocco (Appellate Division of the Supreme Court of New York 2004)
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, inter alia, to review a determination of the respondent Board of Zoning Appeals for the Village of Dobbs Ferry, dated March 1, 2000, which, after a hearing, denied the petitioner’s application for certain area variances, the appeals are from a judgment of the Supreme Court, Westchester County (Cowhey, J.), entered January 9, 2001, which granted the petition, annulled the determination, and remitted the matter to the Board of Zoning Appeals for the Village of Dobbs Ferry with directions to grant the area variances.
Ordered that the judgment is reversed, on the law, with one bill of costs payable to the appellants appearing separately and filing separate briefs, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.
Contrary to the determination of the Supreme Court, we find that the denial of the requested area variances was not arbitrary and capricious. The Board of Zoning Appeals for the Village of Dobbs Ferry (hereinafter the Board) properly considered all of the factors set forth in Village Law § 7-712-b (3) (b). The Board’s determination that the detriment
Case-law data current through December 31, 2025. Source: CourtListener bulk data.