Cutalo v. Zoning Board of Appeals of Town of Huntington

a proceeding pursuant to CPLR article 78 to review so much of a determination of the Zoning Board of Appeals of the Town of Huntington dated July 14, 2005, as, after a hearing, denied that branch of the petitioner’s application which was for an area variance for a second-story deck, the appeal is from a judgment of the Supreme Court, Suffolk County (Emerson, J), dated January 25, 2006, which granted the petition, annulled the determination, and remitted the matter to the Zoning Board of Appeals of the Town of Huntington for the issuance of the requested area variance.

Ordered that the judgment…