MATTER OF GENTILE v. VILLAGE OF TUCKAHOE ZONING BD. OF APPEALS

2010-01364.

87 A.D.3d 695 (2011)

929 N.Y.S.2d 167

2011 NY Slip Op 6349

In the Matter of RITA GENTILE et al., Appellants, v. VILLAGE OF TUCKAHOE ZONING BOARD OF APPEALS et al., Respondents.

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

Decided August 23, 2011.


Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, and so much of the determination of the Village of Tuckahoe Zoning Board of Appeals as imposed the condition is annulled.

The petitioners are the owners of residential premises located in the Village of Tuckahoe. In 2001 they applied for a permit, inter alia, to reconstruct the existing retaining walls in their backyard. During the process of reconstructing...

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