Rich v. Zoning Board of Appeals

In a proceeding pursuant to CPLR article 78 inter alia to review a determination of the respondent zoning board of appeals which, after a hearing, denied petitioner’s application for a special use permit, he appeals from a judgment of the Supreme Court, Westchester County, dated March 1, 1976, which dismissed the petition. Judgment reversed, on the law, without costs or disbursements, and matter remanded to the zoning board of appeals for a new determination in accordance herewith. The zoning board of appeals erroneously considered petitioner’s application for a special use permit as an…