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MATTER OF SASSO v. OSGOOD

206 A.D.2d 837 (1994)

614 N.Y.S.2d 660

In the Matter of Lawrence M. Sasso et al., Appellants, v. Elliott Osgood et al., Constituting The Zoning Board of Appeals of the Town of Henderson, Respondents. Gerald G. Speach, Intervenor-Respondent

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

July 15, 1994

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

Memorandum:

Supreme Court failed to exercise its review function properly in denying the petition to annul a determination of the Zoning Board of Appeals of the Town of Henderson (ZBA). The ZBA granted an area variance to intervenor, the owner of a substandard lot, to enable him to demolish an existing single-slip boathouse and erect a three-slip boathouse in its place. Although local...

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