Schiavoni v. Village of Sag Harbor

In an action, inter alia, for a judgment declaring that certain conditions imposed on the plaintiffs’ application for a use variance were confiscatory and arbitrary, and that the Zoning Code of the Village of Sag Harbor was invalid and unconstitutional as applied to the plaintiffs’ land, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Underwood, J.), dated January 22, 1992, which denied their motion for partial summary judgment.

Ordered that upon searching the record, the order is modified, on the law, by adding a provision thereto dismissing the plaintiffs’ cause of…