Demisay, Inc. v. Petito
Cases that cite this one
32 later published cases cite this decision. The 25 that cite it most often are listed here.
- Yatauro v. Mangano (Appellate Division of the Supreme Court of New York 2011)
- Matter of Jeter v. Poole (N.Y. 2024)
- Krause v. Piccozzi (Appellate Division of the Supreme Court of New York 2013)
- Krause v. Piccozzi (Appellate Division of the Supreme Court of New York 2013)
- Solomon v. Department of Buildings (Appellate Division of the Supreme Court of New York 2007)
- D'Agostino Brothers Enterprises, Inc. v. Vecchio (Appellate Division of the Supreme Court of New York 2004)
- Anstu Farm, L. L. C. v. Town Board of Washington (Appellate Division of the Supreme Court of New York 2001)
- Boardwalk Management Corp. v. Town of Southampton Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 1996)
- Baldassare v. Planning Board of Ithaca (Appellate Division of the Supreme Court of New York 1994)
- Dutton v. Town of Canaan (Appellate Division of the Supreme Court of New York 1993)
- Shiloh Gospel Chapel, Inc. v. Roer (Appellate Division of the Supreme Court of New York 1991)
- Willard v. Haab (Appellate Division of the Supreme Court of New York 1991)
- Hazzard v. Moraitis (Appellate Division of the Supreme Court of New York 1991)
- McDonald's Corp. v. Village of Elmsford (Appellate Division of the Supreme Court of New York 1989)
- Jaffee v. RCI Corp. (Appellate Division of the Supreme Court of New York 1986)
- Zagoreos v. Conklin (Appellate Division of the Supreme Court of New York 1985)
- Hatcher v. Planning Board of Nelsonville (Appellate Division of the Supreme Court of New York 1985)
- Huntington Ready-Mix Concrete, Inc. v. Town of Southampton (Appellate Division of the Supreme Court of New York 1985)
- Alscot Investing Corp. v. Incorporated Village of Rockville Centre (Appellate Division of the Supreme Court of New York 1984)
- Huntington Ready-Mix Concrete, Inc. v. Town of Southampton (Appellate Division of the Supreme Court of New York 1984)
- New York Tennis Associates v. Town of Vestal (Appellate Division of the Supreme Court of New York 1983)
- East Clinton Developers, Inc. v. Town of Clinton (Appellate Division of the Supreme Court of New York 1982)
- Slewett & Farber v. Board of Assessors of County of Nassau (Appellate Division of the Supreme Court of New York 1981)
- Communications Leasing, Inc. v. Schoepflin (Appellate Division of the Supreme Court of New York 1981)
- MATTER OF DOOLAN v. Boces (N.Y. 1979)
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
Order reversed, without costs, and the petition dismissed in the following memorandum: Since the Appellate Division determination, the town has amended its zoning ordinance to exclude nursing homes entirely from the residential zone in which petitioner’s property is located. The court is constrained, therefore, to decide the case on the law at the time of decision (e.g., Matter of Gordon v. Plonski, 9 N Y 2d 886; Matter of Town Bd. of Huntington v. Plonski, 13 A D 2d 704, affd. 10 N Y 2d 1035; Matter of Lunden v. Petito, 30 A D 2d 820). This determination, however, is without passing on and without prejudice to the constitutional issue raised on argument by petitioner, there being no basis in the record made before the change in law took place.
Concur: Chief. Judge Fuld and Judges Burk;?, ScruEPPi, Bergan, Breitel, Jasen and Gibson.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.