Cicio v. Board of Zoning Appeals

In a proceeding pursuant to CFLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Brookhaven, dated June 4, 2003, which, after a hearing, denied the petitioner’s application for area variances, the appeal is from a judgment of the Supreme Court, Suffolk County *445(Pitts, J.), entered June 18, 2004, which, upon a decision of the same court dated August 26, 2003, denied the petition and dismissed the proceeding.

Ordered that on the Court’s own motion, the notice of appeal from the decision is deemed a premature notice of appeal from the judgment (see CPLR 5520…