Kemp v. Zoning Board of Appeals

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Village of Wappingers Falls dated August 10, 1993, which, after a *467hearing, granted the respondent Tony Rabadi a use variance, the petitioners appeal from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), dated February 18, 1994, which dismissed the petition on the ground that the petitioners lacked standing.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly concluded that the appellants failed to establish that the variance in question…