Matter of Soldatenko v. Village of Scarsdale Zoning Bd. of Appeals

In a hybrid proceeding pursuant to CPLR article 78 to review so much of a determination of the Village of Scarsdale Zoning Board of Appeals dated July 31, 2013, as, after a hearing, and upon granting the application of the petitioners/plaintiffs for an area variance, imposed certain conditions, and action for declaratory relief, the respondents/defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Neary, J.), entered June 9, 2014, as denied their motion, in effect, pursuant to CPLR 3211 (a) to dismiss the fourth cause of action.

Ordered…