Gladstone v. Rush

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Town of Southampton dated June 5, 1997, which granted the intervenor’s application for an area variance, the petitioner Alexandra J. Gladstone appeals from a judgment of the Supreme Court, Suffolk County (D’Emilio, J.), dated August 31, 1999, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with costs payable by the intervenor-respondent, the petition is granted, the determination is annulled, and the application for a…