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CORNELL UNIV. v. BAGNARDI

68 N.Y.2d 583 (1986)

Cornell University, Appellant-Respondent, v. Elizabeth S. Bagnardi et al., Respondents-Appellants, and Charles Hindman et al., Intervenors-Respondents. In the Matter of Sarah Lawrence College, Appellant, v. Zoning Board of Appeals of the City of Yonkers, Respondent, and Lawrence Park West and Neighborhood Homeowners Association, Inc., Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided December 19, 1986.

Attorney(s) appearing for the Case

Thomas Mead Santoro and Walter J. Relihan, Jr., for appellant-respondent in the first above-entitled action.

Ralph W. Nash, City Attorney, for respondents-appellants in the first above-entitled action.

Nathaniel F. Knappen and Richard B. Thaler for intervenors-respondents in the first above-entitled action.

Carl Stahl for appellant in the second above-entitled proceeding.

Jay B. Hashmall, Corporation Counsel (Dennis M. McMahon of counsel), for respondent in the second above-entitled proceeding.

Michael R. Edelman for intervenor-respondent in the second above-entitled proceeding.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE and ALEXANDER concur; Judge HANCOCK, JR., taking no part.

TITONE, J.

In these cases involving local zoning regulations, we are called upon to determine the proper method of balancing the needs and rights of educational institutions that desire to expand or construct into purely residential neighborhoods against the concerns of the surrounding residents about the potential inconveniences. We hold that the presumption that educational uses are always in furtherance of...

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