Panzer v. McConnell

In a proceeding pursuant to article 78 of the Civil Practice Act to review a determination of appellants denying an application for an area variance to permit the enclosure of an open patio, the appeal is from an order (referred to in the notice of appeal as a judgment) annulling the determination and directing the granting of the variance. Order modified by striking therefrom the first and third ordering paragraphs. As so modified, order unanimously affirmed, without costs, and matter remitted to the Board of Appeals for reconsideration and the making of a determination in proper form. The.…