MATTER OF McCOY v. DUNCAN


253 A.D.2d 464 (1998)

675 N.Y.S.2d 903

In the Matter of Clayton McCoy, Appellant, v. Thomas J. Duncan et al., Respondents

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

August 10, 1998


Ordered that the judgment is modified, on the law, by deleting therefrom the provision which confirmed so much of the determination as granted a use variance, and substituting therefor a provision granting the petition to the extent that the use variance is denied; as so modified, the judgment is affirmed, without costs or disbursements.

In a proceeding pursuant to CPLR article 78 to review a determination of a Zoning Board of Appeals, judicial review is limited to...

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