Matter of Rodriguez v. Weiss

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Appeals of the Town of Hempstead dated April 20, 2012, which, after a hearing, denied so much of the petitioners’ application as sought to renew a use variance without the condition that the subject property be owner-occupied, the petitioners appeal from a judgment of the Supreme Court, Nassau County (McCormack, J.), entered March 27, 2013, which, in effect, denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is…