Nisco v. Town of Perinton Zoning Board of Appeals

Judgment unanimously reversed on the law without costs, petition granted and matter remitted to respondent for further proceedings in accordance with the following Memorandum: Supreme Court erred in dismissing the CPLR article 78 petition that sought to annul the determination denying petitioner’s application for a special permit. Petitioner sought the special permit in order to store his recreational vehicle in his driveway. In a prior appeal, we modified the judgment by annulling the determination upholding the denial of petitioner’s application for a special permit, based on the failure of…