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MATTER OF BOUT v. ZONING BOARD OF APPEALS OF TOWN OF OYSTER BAY

2009-00564.

71 A.D.3d 1014 (2010)

897 N.Y.S.2d 205

In the Matter of ALEX BOUT et al., Petitioners, v. ZONING BOARD OF APPEALS OF TOWN OF OYSTER BAY, Respondent.

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

Decided March 23, 2010.

Adjudged that the petition is granted, on the law, with costs, the determination is annulled, and the Zoning Board of Appeals of the Town of Oyster Bay is directed to issue the requested amended area variance.

The Supreme Court erred in transferring the proceeding to this Court pursuant to CPLR 7804 (g) since the determination to be reviewed was not made after a quasi-judicial hearing at which evidence was taken and which was held pursuant to direction of law (

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