MATTER OF BIANCO HOMES II, INC. v. WEILER


295 A.D.2d 506 (2002)

744 N.Y.S.2d 431

In the Matter of BIANCO HOMES II, INC., Respondent, v. CHARLES G. WEILER et al., Appellants.

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

Decided June 17, 2002.


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

Ordered that the order is modified, on the law, by deleting the provision thereof directing that a new determination be made on the application, and substituting therefor a provision directing that the Board of Zoning Appeals of the Incorporated Village of Hempstead issue the...

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