Cassano v. Zoning Board of Appeals of the Inc. Village of Bayville

—In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Incorporated Village of Bayville filed July 18, 1995, which, after a hearing, denied the petitioner’s application for an area variance, the petitioner appeals from a judgment of the Supreme Court, Nassau County (DiNoto, J.), entered June 12, 1998, which denied the petition and dismissed the proceeding.

Ordered that judgment is reversed, on the law, without costs or disbursements, the petition is granted, the determination is annulled, and the matter is remitted to the respondents for…