Bari Homes, Inc. v. Zoning Board of Appeals

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Yorktown, dated August 2, 1993, which, after a hearing, denied the application of the petitioner for an area variance, the Zoning Board of Appeals of the Town of Yorktown appeals from a judgment of the Supreme Court, Westchester County (Cowhey, J.), entered August 1, 1994, which granted the petition and annulled the determination.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, the determination is confirmed, and the proceeding is dismissed…