Jada Developers, LLC v. Zoning Board of Appeals

The petitioner applied to the Zoning Board of Appeals of the Town of Wallkill (hereinafter the ZBA) for certain area variances that would enable it to construct a single-family home. After a hearing, the ZBA denied the petitioner’s application, and the petitioner commenced this proceeding to review the determination. In a judgment dated June 30, 2009, the Supreme Court denied the petition and dismissed the proceeding. The petitioner then moved for leave to reargue contending, inter alia, that the Supreme Court failed to make a determination as to whether the ZBA properly applied the balancing…