Town of Hempstead v. Board of Appeals

In a proceeding, inter alia, pursuant to CFLR article 78 to review a determination of the Board of Appeals of the Town of Hempstead dated November 30, 2005, which, after a hearing, granted Scotty’s Marina, Inc., a special permit to use a deck above a waterway for the outdoor consumption of food, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Murphy, J.), entered September 23, 2011, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Scotty’s Marina, Inc. (hereinafter Scotty’s), owns property abutting the…