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IN THE MATTER OF CUTALO

55 A.D.3d 830 (2008)

865 N.Y.S.2d 561

In the Matter of Louis CUTALO, Respondent, v. ZONING BOARD OF APPEALS OF TOWN OF HUNTINGTON, Appellant.

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

October 21, 2008.

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The petitioner commenced this proceeding to review so much of a determination of the Zoning Board of Appeals of the Town of Huntington (hereinafter the Board), dated July 14, 2005, as, after a hearing, denied that branch of his application which was for an area variance for a second-story deck. However...

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