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MATTER OF BASILE v. TOWN OF BROOKHAVEN

170 A.D.2d 1043 (1991)

In the Matter of Constantino G. Basile, Respondent, v. Town of Brookhaven et al., Appellants, et al., Respondents

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

February 1, 1991

Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

The Board of Zoning Appeals of the Town of Brookhaven granted a height variance for the construction of an amateur radio antenna on a parcel of residential property. In this CPLR article 78 proceeding, brought by a neighboring property owner, Supreme Court found that the determination to grant the variance was unsupported by the record. The court concluded that the antenna...

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