Sullivan v. Duffy, 283 A.D.2d 583 (N.Y. App. Div. 2001). · Go Syfert
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Sullivan v. Duffy, 283 A.D.2d 583 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Doran v. Lewis (nyappdiv, 2003-10-02)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." Doran v. Lewis
N.Y. App. Div. · 2003 · signal: see also · confidence low
Because a separate detached residence with a kitchen is not a permitted use, a use variance, rather than an area variance, is required (see Matter of Carlton v Zoning Bd. of Appeals of Town of Bedford, 111 AD2d 169, 170 [1985]; see also Matter of Sullivan v Duffy, 283 AD2d 583 [2001]).
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In the Matter of Robert Sullivan
v.
John Duffy
Appellate Division of the Supreme Court of the State of New York.
May 21, 2001.
283 A.D.2d 583
2001 N.Y. App. Div. LEXIS 5197
Cited by 2 opinions  |  Published

—In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Orangetown, dated May 19, 1999, which, after a hearing, denied the petitioners’ application for an area variance, the petitioners appeal from a judgment of the Supreme Court, Rockland County (Murphy, J.), dated December 15, 1999, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly denied the petition and dismissed the proceeding. The determination of the Zoning Board of Appeals of the Town of Orangetown that the petitioners were required to obtain a use variance, rather than an area variance, to convert their detached garage to a second residence was neither irrational, unreasonable, nor inconsistent with the Zoning Code of the Town of Orangetown (see, Matter of Trump-Equitable Fifth Ave. Co. v Gliedman, 62 NY2d 539, 545). O’Brien, J. P., S. Miller, Smith and Crane, JJ., concur.