Tomich v. Lowery

In a proceeding pursuant to CPLR article 78 to review so much of a determination of the Zoning Board of Appeals of the Town of Huntington dated June 23, 2005, as, after a public hearing, denied that branch of the petitioner’s application which was for a nonconforming use variance, the appeal is from a judgment of the Supreme Court, Suffolk County (Rebolini, J.), dated January 19, 2011, which granted the petition, annulled the determination, and directed the Zoning Board of Appeals of the Town of Huntington to approve the petitioner’s application to the extent reviewed.

Ordered that the…