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MATTER OF INLET HOMES CORP. v. ZONING BOARD OF APPEALS OF TOWN OF HEMPSTEAD

2 N.Y.3d 769 (2004)

812 N.E.2d 1246

780 N.Y.S.2d 298

IN THE MATTER OF INLET HOMES CORP., Appellant, v. ZONING BOARD OF APPEALS OF TOWN OF HEMPSTEAD, Respondent.

Court of Appeals of the State of New York.

Decided May 4, 2004.

Attorney(s) appearing for the Case

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

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

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

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs.

Giving due deference to the broad discretion of zoning boards considering applications for area variances (see Ifrah v Utschig, 98 N.Y.2d 304, 308 [2002]), the denial by respondent Zoning Board of Appeals of petitioner's application for an area variance to build a single-family dwelling upon an illegally nonconforming...

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