Epstein v. Board of Appeals

—In a hybrid action and proceeding (1) pursuant to CPLR article 78 to review a determination by the Zoning Board of Appeals of the Village of Kensington dated June 15, 1993 which, after a hearing, denied the petitioners’ /plaintiffs’ application for a variance, and (2) for a judgment declaring that Kensington Village Code § 151-13 (C) (10) is unconstitutional, the petitioners / plaintiffs appeal from (1) a judgment of the Supreme Court, Nassau County (Kohn, J.), dated April 15, 1994, which denied the petition and dismissed the proceeding, and (2) an order and judgment (one paper) of the same…