MATTER OF INCORPORATED VILLAGE OF ATLANTIC BEACH v. ZONING BOARD OF APPEALS OF THE TOWN OF HEMPSTEAD


267 A.D.2d 309 (1999)

699 N.Y.S.2d 316

In the Matter of INCORPORATED VILLAGE OF ATLANTIC BEACH, Appellant, v. ZONING BOARD OF APPEALS OF THE TOWN OF HEMPSTEAD, Respondent, and HACI A. TUTUS, Intervenor-Respondent.

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

Decided December 13, 1999.


Ordered that the judgment is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for a new determination upon a complete record.

A review of the record on appeal indicates that in reaching its determination, the Zoning Board of Appeals of the Town of Hempstead relied upon minutes of a hearing held on April 17, 1996. Those minutes, however, were not submitted...

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