Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.
The Supreme Court improperly relied on the stipulation of the parties settling a prior proceeding pursuant to CPLR article 78, which concerned a rear yard variance, to annul the determination of the Zoning Board of Appeals of the Village of Belle Terre (hereinafter ZBA) in the instant proceeding pursuant to CPLR article 78 which concerns...
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