Bellamente v. Kern

In a proceeding pursuant to article 78 of the CPLR to review respondents’ determination, made September 25, 1973, denying petitioner’s application for a variance, petitioner appeals (by permission of this court) from a judgment of the Supreme Court, Suffolk County, entered April 29, 1974, which dismissed the petition, confirmed the determination and provided that petitioner is not precluded from again seeking the same relief upon a proper showing. Judgment reversed, on the law, without costs, and proceeding remanded to the respondent Board of Zoning Appeals, with a direction that a special…