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

260 A.D.2d 634 (1999)

688 N.Y.S.2d 685

In the Matter of INCORPORATED VILLAGE OF ATLANTIC BEACH, Respondent, v. ZONING BOARD OF APPEALS OF THE TOWN OF HEMPSTEAD et al., Appellants.

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

Decided April 26, 1999.

Ordered that the judgment is reversed, on the law, with one bill of costs, the petition is denied, the determination is confirmed, and the proceeding is dismissed on the merits.

Sunny Atlantic Partners (hereinafter Sunny), the owner of a beach club in the Incorporated Village of Atlantic Beach, sought a variance in order to enclose a sundeck or porch measuring 14 feet by 14 feet, which was attached to a second-floor apartment...

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