American Legion Post 112 v. Zoning Board of Appeals

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Mount Pleasant dated November 14, 2002, which, after a hearing, inter aha, denied the petitioners’ application for area variances, the appeal is from so much of a judgment of the Supreme Court, Westchester County (Colabella, J.), entered July 7, 2003, as granted that branch of the petition which was to direct the Zoning Board of Appeals of the Town of Mount Pleasant to issue the requested variances.

Ordered that the judgment is reversed insofar as appealed from, on the law, and…