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CELLULAR TEL CO v. ROSENBERG

82 N.Y.2d 364 (1993)

624 N.E.2d 990

604 N.Y.S.2d 895

In the Matter of Cellular Telephone Company, Doing Business as Cellular One, Respondent, v. Armand Rosenberg et al., Constituting the Zoning Board of Appeals of the Village of Dobbs Ferry, Appellants.

Court of Appeals of the State of New York.

Decided November 18, 1993.

Attorney(s) appearing for the Case

Richard M. Gardella, While Plains, for appellants.

Keane & Beane, P. C., White Plains (Edward F. Beane and Judson K. Siebert of counsel), for respondent.

Rice & Amon, Suffern (Terry Rice of counsel), for New York Planning Federation, amicus curiae.

Donovan Leisure Newton & Irvine, New York City (Louis C. Lustenberger, Jr., Susan Hart-White and Christoph C. Heisenberg of counsel), for The Children's Village, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and LEVINE concur.

SMITH, J.

The primary issue on this appeal is whether the siting of a cellular telephone facility qualifies as a "public utility" use variance exception under Matter of Consolidated Edison Co. v Hoffman (43 N.Y.2d 598).

Respondent Cellular Telephone Company (Cellular One), formerly known as Metro One, is a telephone corporation (Public Service Law § 2 [17...

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