Calcagni Construction Co. v. Zoning Board of Appeals

In a proceeding pursuant to CPLR article 78 to review appellant’s determination, dated February 2, 1976 and made after a hearing, which denied petitioner’s application for a zoning variance, the appeal is from a judgment of the Supreme Court, Westchester County, entered August 27, 1976, which (1) granted the application, (2) annulled the determination and (3) directed the issuance of a building permit to the petitioner. Judgment reversed, on the law, without costs or disbursements, and petition dismissed. The petitioner was using the subject premises as a station to store, repair and service…