IN THE MATTER OF SAMMARTINO v. SCHEYER


24 A.D.3d 681 (2005)

808 N.Y.S.2d 318

In the Matter of JAMES SAMMARTINO et al., Appellants, v. RICHARD I. SCHEYER et al., Respondents.

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

December 19, 2005.


Ordered that the judgment is affirmed, with costs.

After a hearing, the Board of Zoning Appeals of the Town of Islip (hereinafter the Board) denied the petitioners' application for a variance for a front-yard setback of 45.3 feet. The Islip Town Code provides that all buildings shall have a minimum required front-yard setback of 50 feet. The petitioners requested an additional hearing on the basis that the data used in the...

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