Rudolf Steiner Fellowship Foundation v. De Luccia

—In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Village of Chestnut Ridge dated September 28, 1994, which, inter alia, denied the petitioner’s application for a use variance, the appeal is from an order of the Supreme Court, Rock-land County (Bergerman, J.), entered August 11, 1995, which annulled the determination of the Zoning Board of Appeals of the Village of Chestnut Ridge, directed that the petitioner not be required to apply for a use variance, and remitted the matter to the Zoning Board of Appeals of the Village of Chestnut…