FUSCO v. ZONING BD. OF APPEALS OF THE TOWN OF EASTCHESTER


59 A.D.2d 700 (1977)

Ann Fusco, Respondent, v. Zoning Board of Appeals of the Town of Eastchester, Appellant

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

October 3, 1977


Judgment reversed, on the law, without costs or disbursements, and matter remitted to respondent-appellant for a de novo hearing as to "reasons" numbered 2 through 9 set forth in its determination dated July 26, 1976.

We agree with Special Term that the first reason assigned for denial of the application by the zoning board, to wit, that the application violated its rules requiring a lapse of six months after denial of a similar application, had been waived...

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