Gold Mark 35 Associates v. Town of Somers

—In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Somers, dated July 18, 1997, which, after a hearing, denied the petitioner’s application for an area variance, the appeal is from a judgment of the Supreme Court, Westchester County (Smith, J.), entered March 11, 1998, which granted the petition, annulled the determination, and, in effect, directed that the area variance be granted.

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed and the proceeding is dismissed on the merits.

It is…