Oyster Bay Associates Ltd. Partnership v. Town Board
Opinion of the Court
—In a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Oyster Bay dated June 12, 2001, which denied the petitioners’ application for a special use permit, the appeal, by permission, is from an order of the Supreme Court, Suffolk County (Catterson, J.), dated July 8, 2002, which vacated the determination and remitted the matter for farther proceedings.
Ordered that the order is affirmed, with one bill of costs payable by the appellants Birchwood Civic Association at Jericho, Inc., Debbi Hunter, and Warren Church.
Contrary to the appellants’ contention, the Supreme Court properly determined that the denial by the Town Board of the Town of Oyster Bay (hereinafter the Town Board) of the petitioners’ application for a special use permit was arbitrary and capricious. There was insufficient evidence to support a
The appellants’ remaining contention is unpreserved for appellate review and, in any event, is without merit. Florio, J.P., Crane, Cozier and Rivera, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.