Feldman v. Commerdinger

William R Brennan, Jr., J.

Petitioner, a builder, brings this article 78 proceeding to review an action of respondent Board of Zoning Appeals of the Town of Smithtown denying him permission to build on 11 plots of land in the vicinity of St. James. Upon the argument petitioner withdrew his application respecting 7 of the plots, leaving for determination here, the action of the board on but 4 parcels designated by numbers 119, 120, 121 and 122.

In the proceeding before the board on June 27, 1960, the relief sought was labeled and published as a request for variances, whereas on the argument and…