Emrey Properties, Inc. v. Baranello

In a proceeding pursuant to CPLR article 78 to review a determination of the Town of Oyster Bay Zoning Board of Appeals, dated February 15, 2007, which, after a hearing, denied the petitioner’s application for a building permit, the petitioner appeals from a judgment of the Supreme Court, Nassau County *1065(Adams, J.), entered October 23, 2007, which denied the petition and, in effect, dismissed the proceeding. By decision and order of this Court dated April 21, 2009, the judgment of the Supreme Court was reversed, the petition was granted, the determination of the Town of Oyster Bay Zoning Board…