IN THE MATTER OF CALAPAI v. ZONING BOARD OF APPEALS OF VILLAGE OF BABYLON


57 A.D.3d 987 (2008)

871 N.Y.S.2d 288

In the Matter of PAMELA CALAPAI, Respondent, v. ZONING BOARD OF APPEALS OF VILLAGE OF BABYLON, Appellant.

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

December 30, 2008.


Ordered that the order and judgment is reversed, on the law, with costs, that branch of motion which was to dismiss the petition pursuant to CPLR 3211 (a) and 7804 (f) on the ground of, in effect, the doctrine of res judicata, is granted, the proceeding is dismissed, and the determination is confirmed.

In 2000 the petitioner requested approval from the Zoning Board of Appeals of the Village of Babylon (hereinafter the ZBA) for a variance to allow her to convert her...

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