David Park Estates v. Trotta

Argued-April 12, 2001 5578B DECISION & ORDER In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Brookhaven, dated June 8, 1999, which, after a hearing, denied the petitioner's application for area variances, the appeal is from a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated March 13, 2000, which granted the petition, annulled the determination, and directed that the variances be issued to the petitioner. ORDERED that judgment is reversed, on the law, with costs, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.