Jackson 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 City of Long Beach, dated June 4, 1998, which, after a hearing, granted the respondent David Stewart’s application to modify a condition imposed on a use variance, the petitioners appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Nassau County (O’Connell, J.), dated December 1, 1998, as dismissed their petition on the grounds that (1) General City Law § 81-a (12) was inapplicable, and (2) the respondent David Stewart was not required to establish the…