News & Analysis as of

Zoning Laws NY Supreme Court

Kramer Levin Naftalis & Frankel LLP

Court of Appeals Declines to Hear 200 Amsterdam Avenue Appeal

On Sept. 9, 2021, the New York State Court of Appeals denied a motion for leave to appeal an Appellate Division ruling that had upheld approval by the Department of Buildings (DOB) and the Board of Standards and Appeals (BSA)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mounted Hydrovac Equipment/Zoning: Supreme Court of the State of New York (Appellate Division) Addresses Request for Permitted Use

The Supreme Court of the State of New York Appellate Division (Second Judicial Department) (“Court”) addressed in a January 20th Order a zoning issue associated with the storage of vehicles with mounted hydrovac equipment....more

Farrell Fritz, P.C.

Suffolk Supreme Court Overturns Zoning Board Denial of Deer Fence Application

Farrell Fritz, P.C. on

Recently Farrell Fritz, P.C. represented a family held limited liability company in connection with an application to a East End zoning board of appeals to maintain an eight (8) foot fence and six (6) foot driveway gates...more

Farrell Fritz, P.C.

New York Supreme Court Upholds Riverhead Town ZBA Determination Affirming Pre-existing Nonconforming Marina, Commercial Oyster...

Farrell Fritz, P.C. on

By letter dated November 24 2009, the Town of Riverhead’s Building Department Administrator provided that the docks, bulkheaded structures, commercial oyster operation, and six summer rental cottages were legal pre-existing...more

Farrell Fritz, P.C.

Court Supports Expansive View of What Constitutes Religious Use

Farrell Fritz, P.C. on

Courts have recently expanded what constitutes religious conduct. In particular, in Matter of Sullivan v. Board of Zoning Appeals of City of Albany, 144 A.D. 3d 1480 (3d Dep’t 2016), an appellate court ruled that the use of a...more

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