Vitiello v. City of Yonkers Zoning Board of Appeals

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent City of Yonkers Board of Zoning Appeals, dated February 23, 2000, which granted certain area variances to the respondent Action Redi-Mix, Inc., the petitioners appeal from a judgment of the Supreme Court, Westchester County (Coppola, J.), entered July 7, 2000, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with one bill of costs, the petition is granted, and the determination is annulled.

While the instant appeal was pending, the City of Yonkers…