New York Court of Appeals, 1999

Incorporated Village of Atlantic Beach v. Zoning Board of Appeals of Hempstead

New York Court of Appeals · Decided December 16, 1999

94 N.Y.2d 842; 724 N.E.2d 365; 702 N.Y.S.2d 573; 1999 N.Y. LEXIS 3922

Cases that cite this one

2 later published cases cite this decision.

Matter of Lavender v. Zoning Board of Appeals of theTown of Bolton (Appellate Division of the Supreme Court of New York 2016)
East Hampton Indoor Tennis Club, LLC v. Zoning Board of Appeals (Appellate Division of the Supreme Court of New York 2011)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The Zoning Board of Appeals held that the caretaker’s apartment was a permitted accessory use, given the size of the beach *844club and the propensity for vandalism in an area that was deserted when the club was not in use. That determination was neither irrational, unreasonable nor inconsistent with the governing statute (Matter of New York Botanical Garden v Board of Stds. & Appeals, 91 NY2d 413, 419). The lodging and sleeping prohibitions of the Town ordinance apply only to the beach club, not to its permitted accessory uses.

Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

Order affirmed, with costs, in a memorandum.

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