Wiggin v. Kern

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Smithtown, dated October 18, 1988, which, after a hearing, denied the petitioner’s application for a variance, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Mullen, J.), entered March 31, 1989, which confirmed the determination and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioner is the owner of a parcel of land, which measures 4,000 square feet in area and is situated in a residentially zoned district in…