MATTER OF SEXTON v. ZONING BOARD OF APPEALS OF THE TOWN OF OYSTER BAY


300 A.D.2d 494 (2002)

751 N.Y.S.2d 595

In the Matter of INEZ SEXTON, Appellant, v. ZONING BOARD OF APPEALS OF THE TOWN OF OYSTER BAY, Respondent.

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

Decided December 16, 2002.


Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, that branch of the petition which was to annul so much of the determination as denied the application for an area variance is granted, so much of the determination as denied the application for an area variance is annulled, and the respondent is directed to issue to the petitioner the requested area variance.

The petitioner is the owner of an undeveloped waterfront parcel in the...

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