Elm Street Associates v. Sniado

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the City of Rye, dated September 8, 1988, which denied the petitioner’s application, inter alia, for a special exception to use the fourth floor of a building for office use and interpreted the City of Rye Zoning Code as requiring an application for a variance, the members of the Board of Appeals of the City of Rye appeal, as limited by their brief, from so much of an order and judgment (one paper) of the Supreme Court, Westchester County (Silverman, J.), dated March 15, 1989, as annulled that…