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TALL TREES v. ZONING BD.

97 N.Y.2d 86 (2001)

761 N.E.2d 565

735 N.Y.S.2d 873

In the Matter of TALL TREES CONSTRUCTION CORP., Appellant, v. ZONING BOARD OF APPEALS OF THE TOWN OF HUNTINGTON, Respondent.

Court of Appeals of the State of New York.

Decided November 19, 2001.

Attorney(s) appearing for the Case

Flynn & Flynn, Huntington (Robert J. Flynn, Jr., of counsel), for appellant.

Thomas A. Abbate, P.C., Woodbury (Thomas A. Abbate of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

WESLEY, J.

This case calls into question the effect of repeated tie votes rendered by the Town of Huntington Zoning Board of Appeals on petitioner's application for area variances. We conclude that when a quorum of the Board is present and participates in a vote on an application, a vote of less than a majority of the Board is deemed a denial.

In 1996, petitioner Tall Trees Construction...

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