EBA Realty Co. v. Galante

Proceeding pursuant to CPLR article 78 to review a determination of the respondents dated April 25, 1988, which, after a hearing, denied the petitioner’s application for a special exception permit to maintain a parking lot in a residentially zoned district.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

We note that the Supreme Court, Nassau County, should have disposed of this case on the merits rather than transferring it here (see, Village Law § 7-712 [3]). However, in the interest of judicial economy, this court will decide the case…