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COHEN v. BD. OF APPEALS

100 N.Y.2d 395 (2003)

795 N.E.2d 619

764 N.Y.S.2d 64

In the Matter of JACK COHEN, Respondent, v. BOARD OF APPEALS OF THE VILLAGE OF SADDLE ROCK, Appellant. In the Matter of FRANK RUSSO et al., Respondents, v. IRVING BLACK et al., Constituting the Board of Appeals of the Village of North Hills, Appellants.

Court of Appeals of the State of New York.

Decided July 2, 2003.

Attorney(s) appearing for the Case

Meyer, Suozzi, English & Klein, P.C., Mineola (A. Thomas Levin and Jayson J.R. Choi of counsel), for appellant in the first above-entitled proceeding.

Respondent precluded in the first above-entitled proceeding.

James D. Cole, Albany, and Riele J. Morgiewicz for Association of Towns of the State of New York and another, amici curiae in the first above-entitled proceeding.

Meyer, Suozzi, English & Klein, P.C., Mineola (A. Thomas Levin and Jayson J.R. Choi of counsel), for appellants in the second above-entitled proceeding.

Albanese & Albanese LLP, Garden City (Bruce W. Migatz and Diana C. Prevete of counsel), for respondents in the second above-entitled proceeding.

Chief Judge KAYE and Judges SMITH, GRAFFEO and READ concur with Judge CIPARICK; Judge ROSENBLATT dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

The issue in these separate appeals is whether the State preempted the field of area variance review when it enacted Village Law § 7-712-b (3). This question requires us to consider the right of localities to govern in matters of purely local concern in the context of the Legislature's transcendent interest in regulating matters of statewide importance (see Albany...

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