Poseidon Pools 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 Babylon dated February 2, 1990, which denied the petitioner’s application to erect a sign, the appeal is from a judgment of the Supreme Court, Suffolk County (Leis, J.), *416entered November 14,1991, which annulled the determination and granted the petition.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

The Supreme Court annulled a determination of the Zoning Board of Appeals of the Town of Babylon that denied the petitioner’s application to erect…