Calabro v. Town of Oyster Bay Zoning Board of Appeals

—In a proceeding pursuant to CPLR article 78 to review a determination dated June 21, 1990, denying the petitioner’s application for a special exception permit, the Zoning Board of Appeals of the Town of Oyster *275Bay appeals from a judgment of the Supreme Court, Nassau County (Levitt, J.), entered June 10, 1991, which annulled the determination and which remitted the matter to it with directions to grant a special exception permit.

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, and the proceeding is dismissed on the merits.

The petitioners Debra…