IN THE MATTER OF BERK v. McMAHON


29 A.D.3d 902 (2006)

814 N.Y.S.2d 753

In the Matter of RONALD BERK et al., Appellants, v. RICHARD McMAHON et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 23, 2006.


Ordered that the judgment is affirmed, with costs.

In determining whether to grant an area variance, the respondent Zoning Board of the Village of Southampton (hereinafter the Board) is required by Village Law § 7-712-b (3) to engage in a balancing test weighing the benefit to the applicant against the detriment to the health, safety, and welfare of the neighborhood or community if the variance is granted (see Matter of Sasso v Osgood,

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases