Appellate Division of the Supreme Court of New York, 1979

Inc. Village of Atlantic Beach v. Granito

Inc. Village of Atlantic Beach v. Granito
Appellate Division of the Supreme Court of New York · Decided December 24, 1979
73 A.D.2d 670; 423 N.Y.S.2d 842; 1979 N.Y. App. Div. LEXIS 14521
Inc. Village of Atlantic Beach v. Granito

Opinion of the Court

— In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Zoning Appeals of the Town of Hempstead, dated September 19, 1978, which granted to respondents Cohn and G. E. P. General Corporation a variance from the minimum lot area requirement for two-family houses, petitioner appeals from a judgment of the Supreme Court, Nassau County, entered March 19, 1979, which dismissed the petition. Judgment affirmed, without costs or disbursements (see Matter of Douglaston Civic Assn, v Galvin, 36 NY2d 1, 5-7; Matter of Devore v Cazalet, 68 AD2d 17, 22). In our opinion, the determination of the respondent Board of Zoning Appeals is supported by substantial evidence (see Matter of Cowan v Kern, 41 NY2d 591, 598). Hopkins, J. P., Damiani, O’Connor and Rabin, JJ., concur.

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