MATTER OF MIMASSI v. TOWN OF WHITESTOWN ZONING BD. OF APPEALS

1279 CA 14-00913.

124 A.D.3d 1329 (2015)

997 N.Y.S.2d 888

In the Matter of MICHAEL J. MIMASSI, Appellant, v. TOWN OF WHITESTOWN ZONING BOARD OF APPEALS, Respondent.

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

Decided January 2, 2015.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the petition is granted in part, the determination is vacated, and the matter is remitted to respondent for a de novo determination of the application.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination of respondent denying his application for an area variance...

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