Incorporated Village of Atlantic Beach v. Zoning Board of Appeals

—In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Hempstead, dated January 7, 1998, which granted the intervenor’s application for an area variance to permit the construction of a single-family dwelling, the Incorporated Village of Atlantic Beach appeals from a judgment of the Supreme Court, Nassau County (Lally, J.), dated November 13, 1998, which denied its petition and dismissed the proceeding.

*310Ordered that the judgment is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court,…