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MATTER OF KAUFMAN v. INCORPORATED VILLAGE OF KINGS POINT

52 A.D.3d 604 (2008)

860 N.Y.S.2d 573

In the Matter of IVAN KAUFMAN et al., Respondents, v. INCORPORATED VILLAGE OF KINGS POINT et al., Appellants.

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

Decided June 10, 2008.

Ordered that the order is modified, on the law, by deleting the provision thereof remitting the matter to the Board of Zoning and Appeals of the Village of Kings Point to determine whether: (1) the Village Code contemplates exclusion of areas adjacent to tidal wetlands from the computation of net lot area; (2) based upon a calculation of the net lot area with appropriate exclusions, a variance from Village Code § 161-11(A) is required; and (3) in light of the foregoing...

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