Madonia v. Board of Zoning Appeals of Incorporated Village of Lindenhurst

*682In July 1999 the petitioner Joseph Madonia applied for use and area variances that would allow operation of a check-cashing business on the subject property. The Board of Zoning Appeals of the Incorporated Village of Lindenhurst (hereinafter the Board) held a public hearing on July 28, 1999, and granted the application in a determination dated November 17, 1999, and filed on January 4, 2000.

The Board subsequently reopened the matter (see Village Law § 7-712-a [12]) after questions arose as to whether proper notice of the hearing was provided to the public. At the reopened hearing, evidence…