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HABERMAN v. ZONING BD.

9 N.Y.3d 269 (2007)

879 N.E.2d 728

849 N.Y.S.2d 189

In the Matter of SINCLAIR HABERMAN et al., Appellants, v. ZONING BOARD OF APPEALS OF CITY OF LONG BEACH et al., Respondents.

Court of Appeals of the State of New York.

Decided November 19, 2007.

Attorney(s) appearing for the Case

Davis Wright Tremain LLP, New York City (Victor A. Kovner and Lacy H. Koonce, III, of counsel), and Duane Morris LLP (Thomas R. Newman of counsel), for appellants.

Corey E. Klein, Corporation Counsel, Long Beach, for Zoning Board of Appeals of City of Long Beach and others, respondents.

Davidoff Malito & Hutcher, LLP, Garden City (Michael Zapson of counsel), for Xander Corp., respondent.

Whiteman Osterman & Hanna LLP, Albany (Howard A. Levine and William S. Nolan of counsel), for New York State Builders Association, Inc., amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We hold that, where a zoning board of appeals has voted to grant a variance, the board's lawyer, acting with actual or apparent authority, may agree to extend the time to build the improvements permitted by the variance. A second board meeting and vote are not required.

Facts and Procedural History

Sinclair Haberman sought a variance from the City of Long Beach...

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