New York Court of Appeals
In the Matter of Jack Cohen, Respondent v. Board of Appeals of the Village of Saddle Rock, Appellant; In the Matter…
July 2, 2003100 N.Y.2d 395
Summary
The Court affirmed the Appellate Division orders, holding that New York State Village Law § 7‑712‑b(3) preempts local area‑variance standards and requires a uniform balancing test. The decision rests on the Legislature’s intent to occupy the field, as shown by the statutory scheme and lack of an express prohibition on supersession.