In Applebaum v. Village of Great Neck Board of Appeals, decided April 13, 2016, the Appellate Division, Second Department, affirmed the Supreme Court’s decision to deny an Article 78 Petition challenging the Board of Appeals’ decision to grant variances for a site plan approval. The Court found that the Board of Appeals’ decision to grant the application had a rational basis and was not arbitrary and capricious. Specifically, the Court stated, “There is no merit to the petitioner’s claim that the Board, in rendering its determination, improperly relied on letters it obtained from the Chief of the Great Neck Alert Fire Company and the Village of Great Neck Building Department without affording her an opportunity to respond, as the letters, which did not contain any new factual allegations, were prepared by municipal officials without a vested interest in the decision.”
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The Law Offices of Keith R. Betensky, Esq.
The Empire Building
26 Village Green, Suite 4
P.O. Box 22
Bedford, New York 10506-0022