Weinstein v. Planning Bd. of Village of Great Neck
| Decision Date | 17 April 1968 |
| Parties | , 238 N.E.2d 325 In the Matter of Lloyd B. WEINSTEIN, Appellant, v. PLANNING BOARD OF the VILLAGE OF GREAT NECK, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 28 A.D.2d 862, 281 N.Y.S.2d 148.
Gehrig, Ritter, Coffey & Stein, Hempstead (John F. Coffey, Hempstead, of counsel), for plaintiff-appellant.
Schiffmacher, Rochford & Cullen, Great Neck (C. Ellis Schiffmacher and Eugene T. Cullen, Great Neck, of counsel), for defendant-respondent.
Proceeding was brought under CPLR Article 78 to annul a determination by planning board of village disapproving a subdivision map submitted by petitioner. The planning board disapproved the map on ground that two of the four lots had less than the minimum street frontage required by zoning regulations and on ground that there was no proof to support a claim by the petitioner that the realty could not be subdivided in accordance with existing zoning regulations.
The Supreme Court, Special Term, Nassau County, Daniel G. Albert, J., entered a judgment denying the application and dismissing the petition.
The Appellate Division entered an order July 5, 1967 which, by a divided court, affirmed the judgment of the Special Term. Benjamin, J., dissented.
Appeal was taken by petitioner to the Court of Appeals, contending that the interpretation by the planning board of the zoning ordinance as applied to the map was erroneous and constituted an arbitrary and capricious determination on its part, and that the petitioner was entitled to a variance of the road frontage minimum requirement as applied to the two southerly lots, and that the petitioner was not required to show financial hardship.
Order affirmed, without costs.
All concur.
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