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MTR. OF COMMCO, INC. v. AMELKIN

62 N.Y.2d 260 (1984)

In the Matter of Commco, Inc., Respondent, v. Stanley P. Amelkin et al., Constituting the Zoning Board of Appeals of the Town of Huntington, Appellants.

Court of Appeals of the State of New York.

Decided May 15, 1984.

Attorney(s) appearing for the Case

Michael F. Mullen for appellants.

Robert J. Flynn for respondent.

Patrick A. Sweeney for Town Board of Town of Huntington.

Judges JASEN, JONES, and KAYE concur with Chief Judge COOKE; Judge MEYER dissents and votes to affirm in a separate opinion in which Judges WACHTLER and SIMONS concur.

Chief Judge COOKE.

Under the Town Law, a town zoning board of appeals has been exclusively empowered to grant or deny zoning variances. That power may not be circumvented or vitiated by permitting a town board to control the defense of zoning board determinations regarding a requested use variance. Therefore, when an article 78 proceeding has been brought against a zoning board of appeals to challenge the denial...

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