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

292 A.D.2d 608 (2002)

739 N.Y.S.2d 615

In the Matter of INCORPORATED VILLAGE OF ATLANTIC BEACH, Appellant, v. ZONING BOARD OF APPEALS OF THE TOWN OF HEMPSTEAD, Respondent. HACI A. TUTUS, Intervenor-Respondent.

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

Decided March 25, 2002.

Ordered that the judgment is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the Zoning Board of Appeals of the Town of Hempstead (hereinafter the Zoning Board) engaged in the appropriate balancing test required by Town Law § 267-b (3) (b) in granting the application of the intervenor-respondent for an area variance (see Matter of Sasso v Osgood, 86 N.Y.2d 374). Furthermore, the determination...

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