WWA Realty Holding, II, LLC v. Board of Zoning Appeals of Lynbrook

In a proceeding pursuant to CPLR Article 78 to review a determination of the Board of Zoning Appeals of the Incorporated Village of Lynbrook dated November 14, 2002, which, inter alia, denied the petitioner’s application for an area variance allowing the maintenance of a flagpole in excess of the Village’s height restriction, the appeal is from a judgment of the Supreme Court, Nassau County (DeMaro, J.), dated February 4, 2004, which granted the petition, vacated the determination, remanded the matter for the issuance of a conditional area variance, and directed the Superintendent of…