MATTER OF NYE v. ZONING BOARD OF APPEALS OF THE TOWN OF GRAND ISLAND

CA 10-01726.

81 A.D.3d 1455 (2011)

917 N.Y.S.2d 499

In the Matter of ROGER NYE et al., Respondents, v. ZONING BOARD OF APPEALS OF THE TOWN OF GRAND ISLAND, Appellant.

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

Decided February 18, 2011.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the second decretal paragraph and as modified the judgment is affirmed without costs, and the matter is remitted to respondent for further proceedings in accordance with the following memorandum: Respondent granted the request of petitioners for an area variance to construct a roof over a deck on the side of their house, but in addition to constructing the roof as approved...

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