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MATTER OF RIKLIS v. BD. OF ZONING APPEALS OF TOWN OF HEMPSTEAD

243 A.D.2d 482 (1997)

662 N.Y.S.2d 602

In the Matter of Diana Riklis, Petitioner, v. Board of Zoning Appeals of Town of Hempstead, Respondent, and Gerald Kestenbaum, Intervenor

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

October 6, 1997

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, with costs.

We note there was no hearing held pursuant to Town Law § 267-c (4) and CPLR article 78, and therefore this proceeding was improperly transferred here by the Supreme Court, Nassau County. In the interest of judicial economy, we will nonetheless determine the question presented (see, Town Law § 267-c [4]; CPLR 7803 [4]; Matter of Simmons v New...

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