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PECORARO v. BD. OF APPEALS

2 N.Y.3d 608 (2004)

814 N.E.2d 404

781 N.Y.S.2d 234

In the Matter of GREGORY PECORARO, Respondent, v. BOARD OF APPEALS OF TOWN OF HEMPSTEAD, Appellant.

Court of Appeals of the State of New York.

Decided May 4, 2004.

Attorney(s) appearing for the Case

Joseph J. Ra, Town Attorney, Hempstead (Charles S. Kovit of counsel), for appellant.

Forchelli, Curto, Schwartz, Mineo, Carlino & Cohen, LLP, Mineola (Joseph F. Buzzell and James A. Boglioli of counsel), for respondent.

Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

OPINION OF THE COURT

G.B. SMITH, J.

The sole issue presented in this case is whether the Board of Appeals of the Town of Hempstead abused its discretion, as a matter of law, in denying petitioner's application for an area variance. We conclude that the Board did not abuse its discretion. We therefore reverse the order of the Appellate Division and dismiss the petition.

Petitioner Gregory Pecoraro entered...

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