Marx v. Humenik

In a proceeding pursuant to CPLR article 78 to review so much of a determination of the respondent Zoning Board of Appeals of the Village of Babylon dated November 8, 1996, as, after a hearing, upon approving the petitioners’ application, inter alia, to extend the second floor of a building in order to add another *529apartment, conditioned the approval upon the petitioners’ removal of an apartment on the ground floor of the building, the appeal is from a judgment of the Supreme Court, Suffolk County (Seidell, J.), entered August 24, 2001, which granted the petition and annulled so much of the…