Kam Lee v. Zoning Board of Appeals of Town of Putnam Valley

*601In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Putnam Valley dated May 9, 2002, which, after a hearing, declined to reconsider the petitioner’s application for an area variance, the appeal is from a judgment of the Supreme Court, Putnam County (Hickman, J.), dated October 7, 2002, which granted the petition, annulled the determination, and remitted the matter to the Zoning Board of Appeals of the Town of Putnam Valley for a rehearing with respect to the merits of the petitioner’s application.

Ordered that the judgment is…