MATTER OF SIMONS v. CHAVE


36 A.D.2d 728 (1971)

In the Matter of Fay Simons, Respondent, v. W. Kenneth Chave et al., Constituting The Board of Appeals of the Town of Hempstead, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 8, 1971


Judgment reversed insofar as appealed from, on the law, with costs; petition dismissed on the merits; and board's determination confirmed.

In our opinion, Special Term erred when it annulled the board's determination and directed it to grant the variance. Petitioner had not sought a court review of the board's prior determination denying her application for a variance and there was no change of facts or circumstances between that prior determination and petitioner...

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