In the Matter of Zupa v. Board of Trustees of Town of Southold
Decision Date | 23 September 2008 |
Docket Number | No. 2007-03209,2007-03209 |
Citation | 54 A.D.3d 957,864 N.Y.S.2d 142,2008 NY Slip Op 7132 |
Parties | In the Matter of MARY S. ZUPA et al., Appellants, v. BOARD OF TRUSTEES OF TOWN OF SOUTHOLD et al., Respondents. |
Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed insofar as appealed from, with one bill of costs.
Contrary to the petitioners' contention, the substantial evidence standard of review does not apply to the administrative determination at issue, since it was made after informational public hearings, as opposed to a quasi-judicial evidentiary hearing (see Matter of Scherbyn v Wayne-Finger Lakes Bd. of Coop. Educ. Servs., 77 NY2d 753, 757-758 [1991]; Matter of Halperin v City of New Rochelle, 24 AD3d 768 [2005]). Thus, the question before us is whether the determination was affected by an error of law, or was arbitrary and capricious or an abuse of discretion, or was irrational (see CPLR 7803 [3]; Matter of Halperin v City of New Rochelle, 24 AD3d 768 [2005]).
Contrary to the petitioners' contention, the determination of the Board of Trustees of Town of Southold (hereafter the Trustees) granting the application of Paradise Point Association, Inc. (hereafter the Association), for a wetlands permit to replace certain docking facilities at a certain marina, was neither arbitrary nor capricious, but instead, was a rational decision, because the approved replacement docking facility is smaller than the current one, consolidates two docks into one with a reduction in boat slips, locates the dock further away from the petitioners' property, and requires a configuration that improves the current navigability of the subject waterway. Accordingly, the Supreme Court properly denied that branch of the petition which was to annul the determination in question, and properly dismissed that part of the proceeding.
The petitioners'...
To continue reading
Request your trial-
Jacoby Real Prop., LLC v. Malcarne
...926 N.Y.S.2d 165;Matter of Navaretta v. Town of Oyster Bay, 72 A.D.3d 823, 824, 898 N.Y.S.2d 237;Matter of Zupa v. Board of Trustees of Town of Southold, 54 A.D.3d 957, 958, 864 N.Y.S.2d 142). Edwin Jacoby and Mildred Jacoby (hereinafter together the Jacobys) owned real property next door t......
-
Navaretta v. Town of Oyster Bay
...an error of law, or was arbitrary and capricious or an abuse of discretion, or was irrational" ( Matter of Zupa v. Board of Trustees of Town of Southold, 54 A.D.3d 957, 958, 864 N.Y.S.2d 142; see CPLR 7803[3]; Matter of Halperin v. City of New Rochelle, 24 A.D.3d at 770, 809 N.Y.S.2d 98). N......
-
TAC Peek Equities, Ltd. v. Town of Putnam Valley Zoning Bd. of Appeals, 2013-04224, Index No. 2855/12.
...N.Y.S.2d 165 ; Matter of Navaretta v. Town of Oyster Bay, 72 A.D.3d 823, 824, 898 N.Y.S.2d 237 ; Matter of Zupa v. Board of Trustees of Town of Southold, 54 A.D.3d 957, 958, 864 N.Y.S.2d 142 ). The determination of the Town of Putnam Valley Zoning Board of Appeals (hereinafter the Zoning Bo......
-
In the Matter of Greencove Associates Llc v. Town Bd. of The Town of North Hempstead
...an error of law, or was arbitrary and capricious or an abuse of discretion, or was irrational” ( Matter of Zupa v. Board of Trustees of Town of Southold, 54 A.D.3d 957, 957, 864 N.Y.S.2d 142; see CPLR 7803[3]; Matter of Halperin v. City of New Rochelle, 24 A.D.3d at 770, 809 N.Y.S.2d 98). N......