MATTER OF MARX v. HUMENIK


302 A.D.2d 528 (2003)

756 N.Y.S.2d 75

In the Matter of ROBERT MARX et al., Respondents, v. BRUCE E. HUMENIK et al., Appellants.

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

Decided February 18, 2003.


Ordered that the judgment is reversed, on the law, with costs, the petition is denied, so much of the determination as conditioned approval of the petitioners' application upon removal of the ground floor apartment is confirmed, and the proceeding is dismissed on the merits.

The Supreme Court erred in annulling so much of the determination of the Zoning Board of Appeals of the Village of Babylon (hereinafter the Zoning Board) as conditioned approval of the petitioners...

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