DAG Laundry Corp. v. Board of Zoning Appeals of North Hempstead

— Proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of North Hempstead dated May 12, 2010, which, after a hearing, denied the petitioners’ application for, inter alia, a use variance and, in effect, denied, as academic, the petitioners’ application for an area variance.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

Initially, we note that, as the parties contend, the Supreme Court erred in transferring the proceeding to this Court pursuant to CPLR 7804 (g)…