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MATTER OF BRONXVILLE FIELD CLUB, INC. v. DAVISON

305 A.D.2d 591 (2003)

759 N.Y.S.2d 382

In the Matter of BRONXVILLE FIELD CLUB, INC., Respondent, v. IRWIN DAVISON et al., Appellants. SUSAN ROSENZWEIG et al., Intervenors-Appellants.

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

Decided May 19, 2003.

Ordered that the order and judgment is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court properly determined that the petitioner did not need an area variance to construct a temporary tennis bubble over two of its tennis courts. It is undisputed that the elevation of the bubble conforms to the height limitations contained in the relevant zoning ordinance (cf. Matter of Petrocelli v Zoning Bd. of Appeals of Vil. of Kings Point,

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