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MATTER OF REDIKER v. ZONING BOARD OF APPEALS OF THE TOWN OF PHILIPSTOWN

280 A.D.2d 548 (2001)

721 N.Y.S.2d 77

In the Matter of STEPHEN M. REDIKER et al., Appellants, v. ZONING BOARD OF APPEALS OF THE TOWN OF PHILIPSTOWN, Respondent. JOHN SCANGA, Intervenor-Appellant; NEW YORK SMSA LIMITED PARTNERSHIP, Doing Business as BELL ATLANTIC MOBILE, Intervenor-Respondent.

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

Decided February 13, 2001.

Ordered that the judgment is affirmed, with costs.

The petitioners, Stephen M. Rediker and Carla Rediker, commenced this proceeding to challenge certain alleged irregularities in the procedures employed by the respondent Zoning Board of Appeals of the Town of Philipstown (hereinafter the Board), in granting a special use permit to the intervenor-respondent (hereinafter Bell Atlantic Mobile), for the construction of a cellular phone antenna atop a monopole located...

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