Dougherty v. Mammina

—In a proceeding pursuant to CPLR article 78 to review a determina*401tion of the Town of North Hempstead Zoning Board of Appeals, dated August 14, 1996, which directed the petitioner to prepare and submit a Draft Environmental Impact Statement in connection with his application to obtain a variance for a nonconforming use, the appeal is from an interlocutory judgment of the Supreme Court, Nassau County (Schmidt, J.), dated September 30, 1997, which denied the appellants’ motion to dismiss the petition, annulled the determination, and remitted the matter to the appellants for further…