MATTER OF REAL HOLDING CORP. v. Lehigh

• Decision Date: 07 April 2003
• Citation: 304 A.D.2d 583,756 N.Y.S.2d 893
• Court: New York Supreme Court — Appellate Division
• Parties: In the Matter of REAL HOLDING CORP. et al., Respondents,<BR>v.<BR>ALAN LEHIGH et al., Appellants.

304 A.D.2d 583

756 N.Y.S.2d 893

In the Matter of REAL HOLDING CORP. et al., Respondents,

v.ALAN LEHIGH et al., Appellants.

Decided April 7, 2003.

Ritter, J.P., S. Miller, H. Miller and Cozier, JJ., concur.

Ordered that the judgment is affirmed, with costs.

Contrary to the contention of the Zoning Board of Appeals of the Town of Wappinger, Town Law § 274-b does not preclude the granting of a special use permit by a Town Board after a variance has been obtained for specific special use permit criteria from a Zoning Board of Appeals. Indeed, Town Law § 274-b (3) expressly provides for the issuance of a special use permit in conjunction with an area variance (see Matter of Sunrise Plaza Assoc. v Town Bd. of Town of Babylon, 250 AD2d 690 [1998]; Matter of Dennis v Zoning Bd. of Appeals of Vil. of Briarcliff Manor, 167 Misc 2d 555 [1995]; see also Village Law § 7-725-b [3]).

The appellants' remaining contentions are without merit.