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IN THE MATTER OF HUNT v. BOARD OF ZONING APPEALS OF INCORPORATED VILLAGE OF MALVERNE

27 A.D.3d 464 (2006)

812 N.Y.S.2d 581

In the Matter of JAMES J. HUNT et al., Appellants, v. BOARD OF ZONING APPEALS OF INCORPORATED VILLAGE OF MALVERNE et al., Respondents.

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

March 7, 2006.

Ordered that the judgment is affirmed, with costs.

Contrary to the appellants' contention, the respondent Board of Zoning Appeals of the Incorporated Village of Malverne (hereinafter the Board) properly treated the subject variance application as one which was materially different from a previous application by the same property owners. The record demonstrates that the two applications involved factually distinguishable proposals for constructing an addition to the...

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