New York appeals court orders Nassau zoning board to accommodate synagogue use of a house
The Second Department annulled a Town of Oyster Bay variance denial on February 18, 2026 and sent the case back with a direction to grant the application on reasonable conditions. Other Second Department variance rulings this spring left board decisions in place.
On February 18, 2026, the Appellate Division, Second Department, decided Matter of Sephardic Synagogue of Plainview v Byrne, 2026 NY Slip Op 00903, 246 AD3d 929, annulling the Town of Oyster Bay Zoning Board of Appeals' denial of variances for a synagogue operating in a one-family house and remitting the matter with a direction to grant the application subject to reasonable conditions. The court held that boards must use greater flexibility with religious uses and make every effort to accommodate them.
Matter of Sephardic Synagogue of Plainview v Byrne, 2026 NY Slip Op 00903, 246 AD3d 929 (2d Dept Feb. 18, 2026); Matter of Oceanside Dev. Group, LLC v Town of Hempstead, 2026 NY Slip Op 02273, 248 AD3d 1042; Matter of Gez v Town of Greenburgh Zoning Bd. of Appeals, 2026 NY Slip Op 03305, 249 AD3d 1174; Town Law § 267-b