Moore v. Town of Islip Zoning Board of Appeal

In a proceeding, inter alia, pursuant to CPLR article 78 to review a determination of the Town of Islip Zoning Board of Appeals dated August 26, 2003, which denied the petitioner’s application for an area variance, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Pitts, J.), entered October 14, 2004, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted to the extent that the determination is annulled and the matter is remitted to the Town of Islip Zoning…