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IN THE MATTER OF LONG ISLAND AFFORDABLE HOMES, INC. v. BOARD OF APPEALS OF TOWN OF HEMPSTEAD

57 A.D.3d 996 (2008)

871 N.Y.S.2d 259

In the Matter of LONG ISLAND AFFORDABLE HOMES, INC., Respondent, v. BOARD OF APPEALS OF TOWN OF HEMPSTEAD, Appellant.

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

December 30, 2008.

Ordered that the judgment is reversed insofar as appealed from, on the law and the facts, without costs or disbursements, that branch of the petition which was to annul the determination dated June 18, 2003 is granted, that branch of the petition which was to annul the determination dated February 25, 2004 is denied as academic, and the matter is remitted to the Board of Appeals of Town of Hempstead for the granting of an area variance, subject to any conditions or requirements...

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