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MATTER OF GEBBIE v. MAMMINA

13 N.Y.3d 728 (2009)

In the Matter of JOHN GEBBIE, Respondent, v. DAVID MAMMINA et al., Appellants.

Court of Appeals of New York.

Decided August 27, 2009.

Attorney(s) appearing for the Case

Richard S. Finkel, Town Attorney, Manhasset (Christopher G. Senior and Simone Marie Freeman of counsel), for appellants.

William A. DiConza, Oyster Bay, for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the judgment of Supreme Court reinstated.

In view of the broad discretion afforded zoning boards considering applications for area variances (see Matter of Pecoraro v Board of Appeals of Town of Hempstead, 2 N.Y.3d 608, 612-613 [2004]), the denial of petitioner's application for area variances to subdivide...

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