Crandell v. Wigle

Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: In this CPLR article 78 proceeding, Special Term granted the petitioners’ request for relief to the extent that it directed respondents to accept petitioners’ January 30, 1988 application for a special permit and to hold a public hearing on it. This was error. The January 30, 1988 application sought a special permit for the placement of a 28-foot dock. The Zoning Board of Appeals (ZBA) rejected the application on the grounds that the application did not differ substantially from a prior application for…