Gregory 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 Town of Somers, dated July 28, 1998, which, after a hearing, denied the petitioners’ application for an area variance, the appeal is from a judgment of the' Supreme Court, Westchester County (Smith, J.), entered April 5, 1999, which granted the petition, annulled the determination, and remitted the matter to the respondent for the issuance of the variance.

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, and the proceeding is…