Blue Ridge Gardens, Inc. v. Oswald

In a proceeding pursuant to article 78 of the CPLR (1) to review a determination of the respondent Zoning Board of Appeals denying petitioner’s application for an area variance and (2) to compel the issuance of a building permit, petitioner appeals from an order of the Supreme Court, Westchester County, dated September 12, 1973, which remitted the matter to said zoning board for the purpose of its making a record of its proceedings which can be reviewed by the court. Permission to appeal from the order is hereby granted (CPLR 5701, subds. [b], [c]). Order modified, on the law, by (1) limiting…