Slavin v. Ingraham, 39 A.D.2d 656 (3d Dep’t 1972)
For a division of land to constitute a “subdivision” under the Public Health Law requiring filing and approval of plans, there must be evidence that the land was divided for sale or rent specifically as residential lots or building plots.
Summary
The Slavin case addresses the definition of “subdivision” under New York Public Health Law § 1116, which requires the filing and approval of subdivision plans before sale. The court held that the administrative determination that the Slavins had illegally subdivided their land was not supported by substantial evidence. The key issue was whether the land was divided specifically for sale or rent as residential lots or building plots. Absent restrictions in the deeds or evidence indicating the land was marketed as residential property, the court found insufficient grounds to conclude a subdivision had occurred within the meaning of the statute.
Facts
The petitioners, children of Ida Slavin, inherited 462.5 acres of land in Greene County in 1962. Between 1962 and 1970, they conveyed several parcels to various individuals. In 1971, the New York State Department of Health initiated proceedings, alleging the conveyances violated Public Health Law § 1116, because they had divided the land into five or more parcels along existing or proposed rights-of-way for sale or rent as residential lots without proper plan approval.
Procedural History
The Department of Health initiated an administrative proceeding against the petitioners. At the hearing, deeds for 27 parcels conveyed by the petitioners were admitted as evidence. The Commissioner of Health assessed penalties of $6,150 against the petitioners. The Appellate Division reversed the Commissioner’s determination, finding it was not supported by substantial evidence. This appeal followed.
Issue(s)
Whether the petitioners’ division of their land constituted a “subdivision” under Public Health Law § 1116, requiring them to file and obtain approval of a subdivision plan before selling the parcels.
Holding
No, because there was no substantial evidence to prove the land was divided specifically for sale or rent as residential lots or residential building plots.
Court’s Reasoning
The court emphasized the statutory definition of “subdivision” as land divided for sale or rent as “residential lots or residential building plots.” The court noted that the deeds contained no restrictions limiting the parcels to residential uses, and there were no zoning regulations in effect at the time. Critically, the record lacked evidence that the petitioners marketed the land as residential property or that they held themselves out as subdividers for residential purposes. The court stated that absent proof connecting the use of the land by the grantees to the grantors’ intent, the mere division of the land into multiple parcels did not constitute a subdivision under the Public Health Law. The court observed, “Of vital significance, however, the deeds contain no restrictions limiting the respective parcels to residential uses, there were no zoning regulations during the years in question affecting their enjoyment, and the record is barren of proof that petitioners sold the pieces of realty singly or collectively for residential purposes or held themselves out as subdividers of the land for said purposes.” Therefore, the administrative determination was not supported by substantial evidence.