Levada v. Board of Zoning Appeals of Inc. Village of Freeport

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Incorporated Village of Free-port dated October 31, 1990, which denied the petitioner’s *505application for a finding that a birthing center was a permitted use within a Business A zoning district, the appeal is from a judgment of the Supreme Court, Nassau County (Morrison, J.), dated May 13, 1991, which vacated the determination and directed the Zoning Board of Appeals to issue a determination that the use of the petitioner’s property as a birthing center is a permitted use.

Ordered that…