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MATTER OF CASSANO v. ZONING BOARD OF APPEALS OF THE INCORPORATED VILLAGE OF BAYVILLE

263 A.D.2d 506 (1999)

693 N.Y.S.2d 621

In the Matter of VITO CASSANO, Appellant, v. ZONING BOARD OF APPEALS OF THE INCORPORATED VILLAGE OF BAYVILLE et al., Respondents.

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

Decided July 19, 1999.

Ordered that judgment is reversed, on the law, without costs or disbursements, the petition is granted, the determination is annulled, and the matter is remitted to the respondents for the issuance of the area variance.

The petitioner is the owner of a two-story home located at 18 Fifth Street in the Incorporated Village of Bayville (hereinafter the Village). After constructing an open, elevated, wooden deck measuring approximately...

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