Fike v. Zoning Board of Appeals of Webster

Appeal from a judgment (denominated order) of Supreme Court, Monroe County (Siracuse, J.), entered November 18, 2002, which dismissed the CPLR article 78 petition.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to respondent for further proceedings in accordance with the following memorandum: Petitioner appeals from a judgment dismissing his CPLR article 78 petition wherein he sought to annul the determination of respondent denying his application for a variance. We are unable on the record before us to review the propriety of Supreme Court’s…