Pecoraro v. Board of Appeals of Town of Hempstead

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Town of Hempstead, dated June 20, 2001, which, after a hearing, denied the petitioner’s application for an area variance, the Board of Appeals of the Town of Hemp-stead appeals from an order of the Supreme Court, Nassau County (Parga, J.), dated February 6, 2002, which annulled the determination and remitted the matter to it for an additional hearing, and the petitioner cross-appeals from so much of the same order as remitted the matter for an additional hearing.

Ordered that on the Court’s own…