Lucrezia v. Board of Appeals
Cases that cite this one
4 later published cases cite this decision.
- Golden Horizon Terryville Corp. v. Prusinowski (Appellate Division of the Supreme Court of New York 2012)
- Golden Horizon Terryville Corp. v. Prusinowski (Appellate Division of the Supreme Court of New York 2009)
- Meteor Enterprises, LLC v. Scott Bylewski (Appellate Division of the Supreme Court of New York 2007)
- Greene v. Zoning Board of Appeals of Town of Islip (Appellate Division of the Supreme Court of New York 2006)
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 Appeals of the Town of Haverstraw dated March 13, 2002, which, after a hearing, denied the petitioner’s application for multiple area variances, the petitioners appeal from a judgment of the Supreme Court, Rockland County (Nelson, J.), dated August 20, 2002, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
A court will apply the zoning ordinance currently in existence at the time a decision is rendered unless “special facts” are present to demonstrate that the municipality acted in bad faith and unduly delayed acting upon an application while the zoning law was being changed (Matter of Pokoik v Silsdorf, 40 NY2d 769 [1976]; Matter of Sexton v Zoning Bd. of Appeals of Town of Oyster Bay, 300 AD2d 494, 496 [2002]). Contrary to the appellants’ contention, there are no special facts in this case that would warrant an exception to the general rule (see Matter of
The appellants’ remaining contentions are without merit. Smith, J.P., Luciano, H. Miller and Townes, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.