Warm v. Zoning Board of Appeals

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals of the Incorporated Village of Port Jefferson dated August 8, 1995, which, after a hearing, granted an application for an area variance, the petitioner appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Suffolk County (Kitson, J.), entered July 16, 1996, as, in effect, dismissed that branch of the petition which was to annul the determination granting the area variance.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary…