Appellate Division of the Supreme Court of New York, 2002

Ardmar Realty Co. v. Zoning Board of Appeals

Appellate Division of the Supreme Court of New York · Decided September 23, 2002

297 A.D.2d 733; 747 N.Y.2d 773; 747 N.Y.S.2d 773; 2002 N.Y. App. Div. LEXIS 8689

Cases that cite this one

2 later published cases cite this decision.

Pletenik v. Town of Brookhaven (Appellate Division of the Supreme Court of New York 2010)
Ardmar Realty Co. v. Building Inspector of the Village of Tuckahoe (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

*734Contrary to the petitioner’s contentions, the Supreme Court properly denied its petition and dismissed the instant proceeding, since the petitioner “failed to carry [its] burden of showing that [its] contemplated use of the subject property ‘conforms with the standards imposed by the zoning ordinance’ ” (Matter of Wal-Mart Stores v Planning Bd. of Town of N. Elba, 238 AD2d 93, 99, quoting Matter of Monro Muffler / Brake v Town Bd. of Town of Perinton, 222 AD2d 1069; see Matter of Schadow v Wilson, 191 AD2d 53, 57).

The petitioner’s remaining contentions are without merit. Ritter, J.P., Florio, Friedmann and Cozier, JJ., concur.

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