Jacoby Real Property, LLC v. Malcarne

Proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Clinton dated September 23, 2010, which, after a hearing, determined that Ernest Klopping required an area variance rather than a use variance to eliminate the lot line on his real property, and granted the area variance.

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court erred in transferring the proceeding to…