CONLEY v. ZONING BD.


40 N.Y.2d 309 (1976)

Raymond C. Conley et al., Appellants, v. Town of Brookhaven Zoning Board of Appeals et al., Respondents.

Court of Appeals of the State of New York.

Decided July 13, 1976.


Attorney(s) appearing for the Case

George A. Boehling for appellants.

C. Francis Giaccone, P. C., for Town of Brookhaven Zoning Board of Appeals, respondent.

John P. Bracken for Dean De Poy and another, respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


JASEN, J.

The question presented for our review is whether the zoning board of appeals abused its discretion, as a matter of law, in granting the respondents De Poys' application for an area variance.

Dean and Judith De Poy are the fee owners of a parcel of land situated in a rural residential area of the Village of East Setauket, Town of Brookhaven, Suffolk County. The parcel consists of 62,660 square...

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