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MATTER OF LYNCH v. TROTTA

264 A.D.2d 484 (1999)

694 N.Y.S.2d 451

In the Matter of BRIAN LYNCH, Respondent, v. FRANK TROTTA et al., Respondents. J. ELLEN STEIN, Intervenor-Appellant.

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

Decided August 23, 1999.

Ordered that the appeal from the order is dismissed as no appeal as of right lies from an intermediate order in a proceeding pursuant to CPLR article 78 and we decline to grant leave to appeal; and it is further,

Ordered that the judgment is modified by adding a provision thereto confirming the determination of the respondent Board of Zoning Appeals of the Town of Brookhaven dated July 23, 1997, granting the petitioner's application for area variances; as so modified...

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