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MATTER OF TALL TREES CONSTRUCTION CORP. v. ZONING BOARD OF APPEALS OF THE TOWN OF HUNTINGTON

262 A.D.2d 494 (1999)

692 N.Y.S.2d 110

In the Matter of TALL TREES CONSTRUCTION CORP., Appellant, v. ZONING BOARD OF APPEALS OF THE TOWN OF HUNTINGTON, Respondent.

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

Decided June 14, 1999.

Ordered that, on the Court's own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [b] [1]; [c]); and it is further,

Ordered that the interlocutory judgment is affirmed, without costs or disbursements.

The Supreme Court properly held, in reliance on this Court's decision in Matter of Walt Whitman Game Room v Zoning Bd. of Appeals...

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