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MATTER OF HURLEY v. ZONING BOARD OF APPEALS OF VILLAGE OF AMITYVILLE

2008-06535

69 A.D.3d 940 (2010)

893 N.Y.S.2d 277

2010 NY Slip Op 683

In the Matter of BRIAN HURLEY, Appellant, v. ZONING BOARD OF APPEALS OF VILLAGE OF AMITYVILLE, Respondent.

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

Decided January 26, 2010.

Ordered that the order and judgment is affirmed, with costs.

There is no merit to the contention of the Zoning Board of Appeals of the Village of Amityville (hereinafter ZBA) that this proceeding is barred by collateral estoppel or res judicata based on its prior unchallenged denial of an application by the petitioner for area variances. A zoning board can entertain a new application when revised plans materially change the aspects of a case (see Matter of Pettit...

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