Tall Trees Construction Corp. v. Zoning Board of Appeals

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Town of Huntington, dated June 12, 1997, which, after a hearing, took “No Action” on the petitioner’s application for an area variance, the petitioner appeals from an interlocutory judgment of the Supreme Court, Suffolk County (Cohalan, J.), which, inter alia, adjudged that the determination was a “nonaction” and remitted the matter to the respondent for a new vote on the petitioner’s application in accordance with General Construction Law § 41.

Ordered that, on the Court’s…