McDermott v. Rose
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 8, 1987, which denied the petitioner’s applications for variances in area, width, front and rear yard setback requirements, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Roberto, J.), dated January 5, 1988, which dismissed the proceeding.
Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted to the extent of annulling the determination in question and the matter is remitted to the Board of Zoning Appeals which is directed to grant the application for the variances upon such conditions as it deems appropriate.
The petitioner is entitled to the requested area and width variances under the doctrine of single and separate ownership*
Case-law data current through December 31, 2025. Source: CourtListener bulk data.