Siegel v. Zoning Board of Appeals of Irvington

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Village of Irvington dated December 5, 2008, granting the application of the respondent Doris K. Morin for an area variance, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Neary, J.), entered October 2, 2009, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner’s contention, a prior proceeding pursuant to CPLR article 78 was finally determined by an unap-pealed…