IN RE: DANIEL A. LITTLE AND HELEN LITTLE (2011)

MEMORANDUM AND ORDER

TOWN OF FABIUS ZONING BOARD OF APPEALS,

RESPONDENT.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Onondaga County [Anthony J. Paris, J.], entered April 1, 2011) to review a determination of respondent.   The determination upheld the issuance of a certain certificate of compliance for mobile home occupancy.

It is hereby ORDERED that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum:  Petitioners, the owners of real property in the Town of Fabius (Town), commenced this CPLR article 78 proceeding challenging the determination, issued following a public hearing, that upheld the Town Zoning Officer's 2010 issuance of a certificate of compliance for occupancy of a mobile home by tenants named in a lease agreement with the owners of neighboring property (owners).   In 1993 respondent had issued a special permit to the owners for the placement of the mobile home on their property for the use of a full-time agricultural employee.   As a preliminary matter, we agree with petitioners that this proceeding was improperly transferred to this Court inasmuch as petitioners do not challenge a determination made as a result of an evidentiary hearing directed by law (see CPLR 7803[4];  7804[g];  Matter of Halperin v. City of New Rochelle, 24 AD3d 768, 770–771, lv dismissed 6 NY3d 890, lv denied 7 NY3d 708).   Nevertheless, we review petitioners' contentions in the interest of judicial economy (see Matter of W.K.J. Young Group v Zoning Bd. of Appeals of Vil. of Lancaster, 16 AD3d 1021).

Patricia L. Morgan

Clerk of the Court